Central District of California Pre-Motion Conference Requirements

CRITICALCivil cases

Counsel must hold a pre-filing meet-and-confer under Local Rule 7-3 before motion practice.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

CRITICALCivil cases

The pre-filing meet-and-confer requirement still applies even if one or more parties are pro se.

The pro se status of one or more parties does not negate this requirement.

CRITICALCivil cases

Meet and confer under Local Rule 7-3 before filing attorneys' fees motion.

Before filing a motion for attorneys’ fees, counsel must meet and confer thoroughly pursuant to Local Rule 7-3 to attempt in good faith to agree on the reasonable amount of fees and expenses

CRITICALCivil cases

Local Rule 7-3 requires pre-filing meet and confer conference.

Local Rule 7-3 requires counsel to engage in a pre-filing conference "to discuss thoroughly . . . the substance of the contemplated motion and any potential litigants."

CRITICALCivil cases

Extended briefing schedule required for Rule 56 motions: motion 5 weeks before hearing, opposition 3 weeks before, reply 2 weeks before.

This Court requires an extended briefing schedule for motions under Fed. R. Civ. P. 56, as follows: • Any Motion Under Fed. R. Civ. P. 56: must be filed at least 5 weeks before the noticed hearing date. • Opposition: must be filed 3 weeks before hearing date (2 weeks after the motion is filed). • Reply: must be filed 2 weeks before hearing date (1 week after the opposition is filed).

CRITICALCivil cases

Motions to dismiss or to strike a pleading, claim, or defense can often be avoided if the parties meet and confer in good faith as required by Local Rule 7-3, especially for perceived defects that could be corrected by amendment.

Motions to dismiss or to strike a pleading, claim, or defense can often be avoided if the parties meet and confer in good faith as required by Local Rule 7-3, especially for perceived defects that could be corrected by amendment.

CRITICALCivil cases

Motion may be struck or denied for lack of compliance statement or bad faith.

The Court may strike or outright deny a motion that lacks a prominent statement of compliance with Local Rule 7-3, or if counsel fail to meet and confer in good faith.

CRITICALCivil cases

Counsel must meet and confer to determine which party will file the initial motion and which will file the opposition/cross-motion. Parties should stipulate to an extended briefing schedule and extended page limits (possible limits set forth above).

Counsel must meet and confer to determine which party will file the initial motion and which will file the opposition/cross-motion. Parties should stipulate to an extended briefing schedule and extended page limits (possible limits set forth above).

CRITICAL

Parties in every case must complete a Settlement Conference or ADR procedure before the Court will hold a final pretrial conference or trial.

As stated in Local Rule 16-15, the parties in every case must participate in a Settlement Conference or Alternative Dispute Resolution (“ADR”) procedure. The Court will not hold a final pretrial conference or convene any trial unless and until all parties, including the principals of all corporate parties, have completed ADR.

CRITICAL

Motions for attorneys' fees must be fully vetted in the meet-and-confer process.

Motions for Attorneys' Fees must be fully vetted in the meet-and-confer process.

CRITICALCivil cases

Rule 56 motion must be filed at least 5 weeks before hearing; opposition due 2 weeks after motion; reply due 1 week after opposition.

Last Date to Hear Motions [Friday] • Rule 56 Motion due at least 5 weeks before hearing • Opposition due 2 weeks after Motion is filed • Reply due 1 week after Opposition is filed For Cross-Motions, See Standing Order.

CRITICALCivil cases

Extended briefing schedule for summary judgment motions: motion 5 weeks before hearing, opposition 3 weeks before, reply 2 weeks before.

This Court requires an extended briefing schedule for motions under Fed. R. Civ. P. 56, as follows: • Any Motion Under Fed. R. Civ. P. 56: must be filed at least 5 weeks before the noticed hearing date. • Opposition: must be filed 3 weeks before hearing date (2 weeks after the motion is filed). • Reply: must be filed 2 weeks before hearing date (1 week after the opposition is filed).

CRITICALCivil cases

The Court reminds the parties of their obligation under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. This Court also requires the parties to meet and confer on any other request for relief (except those identified in Local Rules 7-3 and 16-12)

The Court reminds the parties of their obligation under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. This Court also requires the parties to meet and confer on any other request for relief (except those identified in Local Rules 7-3 and 16-12)

CRITICAL

Counsel must meet and confer before filing a motion for attorneys' fees.

Before filing a motion for attorneys’ fees, counsel must meet and confer thoroughly pursuant to Local Rule 7-3 to attempt in good faith to agree on the reasonable amount of fees and expenses to be awarded (if the Court decides to award fees).

CRITICAL

Parties must meet and confer before filing motions and before presenting any potentially disputed matter to the Court, strictly enforced for all parties including pro se litigants.

Local Rule 7-3 requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” The Court strictly enforces this rule for all parties, including pro se litigants. This Court also requires parties to meet and confer about any potentially disputed matter (except those identified in Local Rules 7-3 and 16-12) before presenting it to the Court, including requests to continue, applications to file under seal.

CRITICAL

Motion without required certification may be stricken or summarily denied.

A motion not supported by the certification below may be stricken or summarily denied.

CRITICAL

Failure to comply with meet and confer may result in sanctions including striking/denying motion.

Failure by any party to comply in good faith with the “meet and confer” requirement shall result in an order to show cause re sanctions—including, as appropriate, striking or denying the motion, deeming the motion unopposed, and/or awarding monetary sanctions.

CRITICAL

Parties must strictly comply with FRCP 16 and 26 and court orders regarding scheduling.

Pursuant to Fed. R. Civ. P. 16(b), the Court will issue an Order Setting Scheduling Conference. The parties are required to strictly comply with Fed. R. Civ. P. 16 and 26, as well as this Court’s Orders.

CRITICAL

Joint brief due 5 weeks before hearing; reply brief due 3 weeks before hearing.

(f) Briefing Schedule. This Court requires an extended briefing schedule for motions under Fed. R. Civ. P. 56. The Joint Brief and all supporting documents must be filed at least five (5) weeks before the noticed hearing date. Any Reply Brief by the moving party must be filed three (3) weeks before the noticed hearing date.

CRITICAL

Pro se litigants must comply with this Order, the Federal Rules of Civil Procedure, and the Local Rules, and participate in the Scheduling Conference.

“Counsel,” as used in this Order, includes parties who have elected to appear without counsel and are representing themselves in this litigation (hereinafter referred to as “pro se litigants”). Pro se litigants must comply with this Order, the Federal Rules of Civil Procedure, and the Local Rules of the Central District of California. See Local Rules 1-3, 83-2.2.3. Pro se litigants are required to participate in the Scheduling Conference.

CRITICAL

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

CRITICAL

Motions in limine must be noticed for hearing on the Final Pretrial Conference Date.

Motions in limine shall be noticed for hearing on the Final Pretrial Conference Date.

CRITICALCivil cases

Daubert motions must be heard by 8 weeks before FPTC

Daubert motions will be set for a hearing not later than eight (8) weeks before the FPTC.

CRITICAL

Before moving to substitute a defendant for a Doe defendant, the plaintiff must seek consent from counsel for every defendant, including counsel for a represented Doe defendant.

Before moving to substitute a defendant for a Doe defendant, the plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant.

CRITICAL

Reply briefs in support of ex parte applications are prohibited.

Reply briefs in support of ex parte applications are not permitted.

CRITICAL

Parties seeking ex parte relief must comply with Local Rule 7-19 and, for TROs and preliminary injunctions, Local Rule 65 as well.

Any party seeking ex parte relief, including temporary restraining orders and preliminary injunctions under Fed. R. Civ. P. 65, must comply with Local Rule 7-19 (and Local Rule 65 for temporary restraining orders and preliminary injunctions).

CRITICAL

Parties must meet and confer before filing a motion in limine to determine whether the disputed evidence will be introduced and attempt to reach agreement.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

CRITICALCivil cases

Meet and confer required before filing motions in limine

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

CRITICALCivil cases

Meet and confer required before filing discovery motions.

The parties are expected to meet and confer to attempt to resolve discovery disputes before filing a discovery motion and must use their best effort to resolve all discovery disputes in a courteous, reasonable, and professional manner.

CRITICALCivil cases

Meet and confer required before filing any motion under Local Rule 7-3.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion.

CRITICAL

Prefiling conference required to discuss motion substance and potential resolution.

Local Rule 7-3 requires counsel to conduct a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

CRITICAL

Counsel must meet and confer at least 21 calendar days before the Final Pretrial Conference regarding foundation and admissibility of the Government's proposed exhibits.

Counsel shall meet and confer at least 21 calendar days before the Final Pretrial Conference to discuss and seek to agree, to the extent possible, on issues including foundation and admissibility of proposed exhibits by the Government.

CRITICAL

Before filing any motion, counsel must conduct a meet-and-confer conference in person, by videoconference, or by telephone (email is insufficient) covering all issues in all cases including pro se cases, or the motion may be stricken or summarily denied.

Local Rule 7-3 requires counsel to conduct a prefiling conference "to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution." (a) Scope. This requirement applies in all cases, including those with pro se litigants, and extends to all issues. If the parties are unable to fully resolve the dispute, they shall attempt to narrow the scope of the contested issues. Parties must meet and confer in person or by videoconference or telephone; email correspondence is insufficient. A motion not supported by the certification below may be stricken or summarily denied.

CRITICAL

Meet and confer must be in person or by videoconference; email is insufficient.

Parties must meet and confer in person or by videoconference; email correspondence is insufficient.

CRITICALCivil cases

Limit

5 motions

Motions in limine limited to 5 per side, filed 28 days before FPTC

Motions in limine will be heard and ruled on at the FPTC. The Court may rule orally instead of in writing. Each side is limited to five (5) motions in limine unless the court grants leave to file additional motions. All motions in limine must be filed at least twenty-eight (28) days before the FPTC.

CRITICAL

Before filing a motion, counsel must meet and confer in person or by videoconference about the motion’s substance and potential resolution, attempt to narrow unresolved issues, and may not rely on email correspondence.

Local Rule 7-3 requires counsel to conduct a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” This requirement applies in all cases, including those with pro se litigants, and extends to all issues. If the parties are unable to fully resolve the dispute, they shall attempt to narrow the scope of the contested issues. Parties must meet and confer in person or by videoconference; email correspondence is insufficient. A motion not supported by the certification below may be stricken or summarily denied.

CRITICAL

Meet and confer requirement applies to all cases including pro se litigants.

This requirement applies in all cases, including those with pro se litigants, and extends to all issues.

CRITICAL

Reply briefs in support of ex parte applications are prohibited.

Reply briefs in support of ex parte applications are not permitted.

CRITICAL

If consent to substitution is denied, the plaintiff must file a regularly noticed motion.

If denied consent, the plaintiff must file a regularly noticed motion.

CRITICAL

The Court may decline to hear discovery motions that were not preceded by consultation with opposing counsel.

The Court may decline to hear discovery motions made without prior consultation with opposing counsel.

CRITICAL

Failure to comply in good faith with the meet-and-confer requirement may result in sanctions including striking or denying the motion, deeming it unopposed, and/or monetary sanctions.

Failure by any party to comply in good faith with the “meet and confer” requirement may result in sanctions—including, as appropriate, striking or denying the motion, deeming the motion unopposed, and/or awarding monetary sanctions.

CRITICAL

Before filing any motion, counsel must thoroughly meet and confer on the substance of the contemplated motion and potential resolution so that any briefing is directed only to the issues actually requiring resolution.

Counsel must meet and confer with opposing counsel “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution” thereof. Local Criminal Rule 57-1; Local Civil Rule 7-3. Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court.

CRITICAL

Parties must meet and confer to attempt to resolve discovery disputes before filing a discovery motion.

The parties are expected to meet and confer to attempt to resolve discovery disputes before filing a discovery motion and must use their best effort to resolve all discovery disputes in a courteous, reasonable, and professional manner.

CRITICAL

Daubert motions must be set for hearing no later than eight weeks before the Final Pretrial Conference Date.

Daubert motions shall be set for a hearing not later 8 than eight (8) weeks before the Final Pretrial Conference Date.

CRITICAL

Parties must meet and confer under Local Rule 7-3 to attempt to resolve disputes before filing any motion.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion.

CRITICALCivil cases

Opposing parties have 48 hours to file opposition papers after receiving ex parte application.

The moving party shall inform the opposing party or parties that such party or parties shall have 48 hours from the date of delivery of the moving papers to file and serve their opposition papers, if any.

CRITICALCivil cases

Motions in limine must be noticed by final pretrial conference; no replies without leave.

Motions In Limine: Motions in limine shall be noticed for hearing no later than the final pretrial conference date. No replies shall be filed, absent leave of Court.

CRITICAL

Motions in limine must address only evidence admission/exclusion, specific issues, and may not be disguised summary adjudication motions; the court may strike excessive or unvetted motions.

Motions in limine shall address only the admission or exclusion of evidence at trial. Motions in limine should address specific issues (e.g, not “to exclude all hearsay”). Motions in limine should not be disguised motions for summary adjudication of issues. The Court may strike excessive or unvetted motions in limine.

CRITICAL

Counsel must meet and confer informally to resolve discovery disputes before filing a motion to compel discovery, or the court may decline to hear the motion.

Counsel shall meet and confer to resolve discovery disputes informally prior to filing a motion to compel discovery. The Court may decline to hear discovery motions made without prior consultation with opposing counsel.

CRITICALCriminal cases

Motions require meet-and-confer with opposing counsel to discuss substance and potential resolution before filing.

Motions shall be filed in accordance with Fed. R. Crim. P. 47 and Local Criminal Rule 49, et seq., unless superseded by this Order. Counsel must meet and confer with opposing counsel “to discuss thoroughly … the substance of the contemplated motion and any potential resolution” thereof. Local Criminal Rule 57-1; Local Civil Rule 7-3. Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court.

CRITICALCivil cases

Lead trial counsel must meet and confer in person 40 days before FPTC.

The parties must comply with Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person forty (40) days in advance to prepare for the FPTC.

CRITICALCriminal cases

Oppositions must be filed 14 days before final pretrial conference; no replies allowed.

Oppositions must be filed at least fourteen (14) days before the Final Pretrial Conference. There shall be no replies.

CRITICAL

Meet and confer required before filing motions for attorney fees.

Before filing a motion for attorney fees, counsel must meet and confer thoroughly pursuant to Local Rule 7-3 to attempt in good faith to agree on the

CRITICAL

Criminal motions require meet and confer with opposing counsel before filing; pretrial motions are scheduled on Fridays (evidentiary hearings on non-Fridays); briefing schedule requires motions 5 weeks before hearing, oppositions 3 weeks before.

Motions shall be filed in accordance with Fed. R. Crim. P. 47 and Local Criminal Rule 49, et seq., unless superseded by this Order. Counsel must meet and confer with opposing counsel 'to discuss thoroughly … the substance of the contemplated motion and any potential resolution' thereof. Local Criminal Rule 57-1; Local Civil Rule 7-3. Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. The Court hears motions in criminal actions on Friday, beginning at 10:30 a.m. Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, and motions concerning character evidence under Fed. R. Evid. 404(b), shall be noticed for a Friday that is mutually agreed to by counsel and that is not closed on the Court’s calendar. Before filing a motion, the moving party should check the Court’s webpage for available hearing dates. The parties should not calendar a matter on a date that is closed on the Court’s webpage. If this occurs, the court will re-calendar the matter for another day. Pretrial motions that require an evidentiary hearing shall be noticed for a non-Friday that is mutually agreed to by counsel and that is cleared with the Courtroom Deputy Clerk before the filing of the motion. For all motions other than motions in limine, the briefing schedule is as follows:  motions shall be filed five (5) weeks prior to the hearing;  oppositions or notices of non-opposition shall be filed three (3) weeks

CRITICAL

Each side is limited to 5 motions in limine unless the court grants leave; motions in limine are heard at the Final Pretrial Conference, with possible oral ruling.

Motions in limine fall outside the scope of Fed. R. Crim. P. 12 and address only the admission or exclusion of evidence at trial. Motions in limine will generally be heard and ruled upon at the Final Pretrial Conference. The Court may rule orally instead of in writing. Each side is limited to five (5) motions in limine unless the Court grants leave to file additional motions.

CRITICALCriminal cases

Parties must meet and confer before filing motions in limine, with specific disclosure requirements.

Before filing a motion in limine, the parties must meet and confer. The moving party must identify the evidence to be excluded or admitted, the specifics terms of the order sought, and the rationale and supporting authority. The nonmoving party shall state whether the party intends to introduce the evidence sought by the moving party to be excluded or oppose the moving party’s motion to admit the evidence and provide the rationale and supporting authority if the nonmoving party opposes the motion.

CRITICALCivil cases

Parties may modify pre-filing MSJ deadlines without leave if all agree and motion is timely filed per case management order.

If different parties seek summary judgment on different issues, the parties may agree to modify the pre-filing deadlines in the briefing schedule without leave of Court if and only if (1) all parties agree to the modifications and (2) the summary judgment motion is timely filed under the case management order.

CRITICAL

Parties must meet and confer in good faith before filing a motion in limine, with moving and nonmoving parties exchanging specified information.

Before filing a motion in limine, the parties must meet and confer. The moving party must identify the evidence to be excluded or admitted, the specifics terms of the order sought, and the rationale and supporting authority. The nonmoving party shall state whether the party intends to introduce the evidence sought by the moving party to be excluded or oppose the moving party’s motion to admit the evidence and provide the rationale and supporting authority if the nonmoving party opposes the motion. Both parties are required to meet and confer in good faith in an effort to reach a resolution without the need for a motion.

CRITICAL

PLRA exhaustion issues must be raised at litigation start; hearing requests due within 14 days of summary judgment denial.

The issue of exhaustion under the Prison Litigation Reform Act (“PLRA”) must be raised at the beginning of the litigation. Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on the exhaustion issue must file before this Court a request for a hearing within fourteen (14) days of the filing of the order denying summary judgment. The failure to file a timely request may be construed as a waiver of the exhaustion issue.

CRITICAL

Oppositions to motions in limine must be filed 14 days before the Final Pretrial Conference, and no replies are permitted.

Oppositions must be filed at least fourteen (14) days before the Final Pretrial Conference. There shall be no replies.

CRITICALCivil cases

Only one joint Rule 56 motion may be filed without leave; leave requires a joint noticed motion stating good cause positions.

No more than one joint motion may be filed under Fed. R. Civ. P. 56, whether brought as a motion for summary judgment or summary adjudication, without leave of Court. In the rare case in which leave of Court is sought, the parties shall file a joint noticed motion setting forth their respective positions on the existence of good cause for the filing of multiple motions.

CRITICAL

Parties must meet and confer before filing a motion in limine to attempt to resolve the dispute without filing.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

CRITICAL

Motions for attorney fees must be set for hearing in accordance with Local Rule 6-1 and this Standing Order; electronic filing is required per general e-filing rules.

Motions for attorney fees shall be electronically filed and set for hearing according to Local Rule 6-1 and this Order.

CRITICAL

Counsel must conduct a pre-filing meet and confer conference (in person/phone/videoconference) before filing most motions, with specified exemptions; non-compliance may result in motion being struck or denied.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient. Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel shall resolve minor procedural or other non-substantive matters during the conference. The Court may strike or deny a motion if counsel fail to meet and confer in good faith. The following are exempted from Local Rule 7-3 and the pre-filing requirements to meet and confer set forth in this subsection III.B: (1) cases where at least one party is appearing pro se; (2) cases listed as exempt in Local Rule 16-12, (3) discovery motions governed by Local Rules 37-1 through 37-4, (4) applications under Fed. R. Civ. P. 65 for temporary restraining orders or preliminary injunctions, and (5) motions to retax costs under Local Rule 54-2.5.

CRITICALCriminal cases

Non-limine motions: file 5 weeks before hearing, oppositions 3 weeks before hearing.

For all motions other than motions in limine, the briefing schedule is as follows: motions shall be filed five (5) weeks prior to the hearing; oppositions or notices of non-opposition shall be filed three (3) weeks prior to the hearing.

CRITICALCriminal cases

Parties must meet and confer to resolve discovery disputes before filing motions to compel; motions must state specific details.

Counsel shall meet and confer to resolve discovery disputes informally prior to filing a motion to compel discovery. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request. The Court may decline to hear discovery motions made without prior consultation with opposing counsel.

CRITICAL

Counsel must conduct a pre-filing meet and confer in person, by phone, or videoconference under Local Rule 7-3 before filing most motions, with specified exemptions; non-compliance may result in the motion being struck or denied.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient. The Court may strike or deny a motion if counsel fail to meet and confer in good faith. The following are exempted from Local Rule 7-3 and the pre-filing requirements to meet and confer set forth in this subsection III.B: (1) cases where at least one party is appearing pro se; (2) cases listed as exempt in Local Rule 16-12, (3) discovery motions governed by Local Rules 37-1 through 37-4, (4) applications under Fed. R. Civ. P. 65 for temporary restraining orders or preliminary injunctions, and (5) motions to retax costs under Local Rule 54-2.5.

CRITICAL

Replies to motions in limine are prohibited.

There shall be no replies.

CRITICALCivil cases

Pre-filing conference required for motions under Local Rule 7-3, must be in person/phone/video, not written.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient.

CRITICAL

Pre-filing conference required before filing motions, must be in person or by phone/video, not written correspondence.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient.

CRITICALCivil cases

If parties cannot agree on which party is moving party, defendant is deemed the moving party.

If the parties are unable to agree, the defendant shall be deemed the moving party.

CRITICALCivil cases

Motions in limine must be filed 28 days before FPTC, oppositions 14 days before, no replies allowed.

All motions in limine must be filed at least twenty-eight (28) days before the FPTC. Oppositions must be filed at least fourteen (14) days before the FPTC. There shall be no replies.

CRITICAL

Each party is limited to five motions in limine unless the court grants permission to file additional motions.

Each side is limited to five (5) motions in limine unless the Court grants leave to file additional motions.

CRITICALCivil cases

Parties must conduct an in-person or videoconference meet and confer no later than 53 days before the MSJ hearing cutoff to discuss all issues, law, and evidence.

must arrange for an in-person meeting or videoconference to take place no later than 53 days before the motion hearing cutoff set forth in the case management order. The parties shall thoroughly discuss each issue to be raised and the law and evidence relevant to that issue.

CRITICALCivil cases

No additional briefing or filings in support of or opposition to MSJ are permitted after supplemental memoranda.

No additional briefing or filing in support of or in opposition to the MSJ is permitted.

CRITICALCivil cases

Before filing a motion for attorneys' fees, counsel must meet and confer in person or by videoconference, and the moving party must provide billing records, rate information, and cost evidence prior to the conference.

Before filing a motion for attorneys’ fees, counsel must meet and confer in person or by videoconference pursuant to Local Rule 7-3 to attempt in good faith to agree on the reasonable amount of fees to be awarded (if the Court decides to award fees), keeping in mind that a contested request for attorneys’ fees “should not result in a second major litigation.” Hensley v. Eckerhart, 461 U.S. 424, 437 (1983) (“Ideally, of course, litigants will settle the amount of a fee. Where settlement is not possible, the fee applicant bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.”). Prior to the conference, the moving party must do at least the following: 1. Provide opposing counsel with the billing records on which the motion will be based, and specify the entries for which compensation is and is not sought. These records may be redacted to prevent disclosure of material protected by the attorney-client privilege or work product doctrine. However, as to those redacted items, counsel shall submit a declaration describing the nature of the services with sufficient detail to allow opposing counsel to determine if the item is objectionable. 2. Inform opposing counsel of the hourly rates that will be claimed for each lawyer, paralegal, or other timekeeper. If moving counsel or other timekeepers have performed any legal work on an hourly basis during the period covered by the motion, moving counsel shall provide representative business records sufficient to show the types of litigation in which such hourly rates were paid and the rates that were paid in each type. If moving counsel has been paid on an hourly basis in the case in question or in litigation of the same type as the case in question, records showing the rates paid (not charged) for those services must be provided. If moving counsel will rely on other evidence to establish appropriate hourly rates, such as evidence of rates charged by attorneys of comparable experience and qualifications or evidence of rates used in previous awards by courts or administrative agencies, moving counsel shall provide such other evidence. 3. Furnish evidence of the actual cost of any nontaxable expenses to be sought by the motion;

CRITICALCivil cases

Pre-filing conference required for all motions under Local Rule 7-3; failure may result in sanctions or denial of hearing.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. The pro per status of one or more parties does not eliminate this requirement. Failure to comply with this Rule will be grounds for sanctions. If fault is attributed to the moving party, the Court may decline to hear the motion.

CRITICALCivil cases

Multiple summary adjudication motions by same party require leave of court; subsequent motions without leave will be stricken.

Multiple motions for summary adjudication by the same party are highly disfavored. Any party wishing to file more than one motion for summary adjudication must move for leave of court and explain why the issues cannot be addressed in a single motion. If multiple motions for summary adjudication are filed by the same party without leave of court, the first filed motion will be considered and the subsequent motions stricken.

CRITICALCriminal cases

Pretrial motions must be filed 28 days before hearing with specific deadlines for opposition (21 days) and reply (14 days).

Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, motions challenging Federal Rule of Evidence 404(b) evidence, and motions in limine, must be filed and served in compliance with the requirements of Local Civil Rule 6-1, i.e., at least 28 days before the date set for the hearing. Opposition (or notice of non-opposition) and reply (optional) papers must be filed and served in compliance with the requirements of Local Rule 7-9, i.e., no later than 21 days and 14 days before the hearing date, respectively. All motions in limine and other trial-related motions must be properly noticed for hearing no later than the date of the pretrial conference. Counsel must meet and confer with opposing counsel and attempt to resolve the issue(s) before filing a motion. Motions expected to take more than one-half hour of court time (collectively) must include a time estimate beneath the hearing date on the face page of the motion.

CRITICALCriminal cases

Discovery motions require meet-and-confer and specific content about prior requests.

Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may not be heard.

CRITICALCriminal cases

Discovery motions require consultation with opposing counsel and specific content; non-compliant motions may not be heard.

Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may not be heard.

CRITICALCriminal cases

Pretrial motions must be filed 28 days before hearing; opposition 21 days; reply 14 days.

Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, motions challenging Federal Rule of Evidence 404(b) evidence, and motions in limine, must be filed and served in compliance with the requirements of Local Civil Rule 6-1, i.e., at least 28 days before the date set for the hearing. Opposition (or notice of non-opposition) and reply (optional) papers must be filed and served in compliance with the requirements of Local Rule 7-9, i.e., no later than 21 days and 14 days before the hearing date, respectively.

CRITICALCivil cases

TRO applications will not be ruled on for at least 24 hours after service unless notice is excused.

The court will not rule on any Application for a TRO for at least twenty-four (24) hours after the party subject to the requested order has been served, unless notice is excused as per Fed. R. Civ. P. 65(b), or the interests of justice so require.

CRITICALCivil cases

Opposition to ex parte applications must be filed within 24 hours of service.

Following service of the ex parte application by electronic, facsimile, or personal service, the moving party shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service.

CRITICALCivil cases

Good faith conference required before motions to dismiss/strike under Local Rule 7-3.

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

CRITICALCivil cases

Parties must meet and confer before filing any motion, except as exempted by Local Rules 7-3 and 16-12.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. In addition, this court requires the parties to meet and confer regarding any other request for relief except those identified as exempt in Local Rules 7-3 and 16-12.

CRITICALCivil cases

For Rule 56 motions, the motion must be filed at least 5 weeks before the hearing, opposition due 2 weeks after motion, reply due 1 week after opposition.

Rule 56 Motion due at least 5 weeks before hearing  Opposition due 2 weeks after Motion is filed  Reply due 1 week after Opposition is filed

CRITICALCivil cases

Rule 56 motions require 35-day filing deadline, 21-day opposition deadline, and 14-day reply deadline.

The hearing on any such motion shall be set for a date in advance of the Final Pretrial Conference. This court requires an extended briefing schedule for motions under Rule 56, as follows: • Any Rule 56 Motion must be filed at least thirty-five (35) days before the noticed hearing date. • Any Opposition must be filed at least twenty-one (21) days before the noticed hearing date (fourteen (14) days after the Motion is filed). • Any Reply must be filed at least fourteen (14) days before the noticed hearing date (seven (7) days after the opposition is filed).

CRITICALCivil cases

Rule 56 motions require extended briefing schedule: motion 35 days before hearing, opposition 21 days before (14 days after motion), reply 14 days before (7 days after opposition).

Any Rule 56 Motion must be filed at least thirty-five (35) days before the noticed hearing date. Any Opposition must be filed at least twenty-one (21) days before the noticed hearing date (fourteen (14) days after the Motion is filed). Any Reply must be filed at least fourteen (14) days before the noticed hearing date (seven (7) days after the opposition is filed).

CRITICALCivil cases

Parties must meet and confer before filing any motion or request for relief, except as exempted by Local Rules 7-3 and 16-12.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. In addition, this court requires the parties to meet and confer regarding any other request for relief except those identified as exempt in Local Rules 7-3 and 16-12.

CRITICAL

Parties must meet and confer before filing motions or requests for relief, except for exempt categories.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. In addition, this court requires the parties to meet and confer regarding any other request for relief except those identified as exempt in Local Rules 7-3 and 16-12.

CRITICALCivil cases

Parties must participate in a settlement conference or ADR; no trial without personal appearance of all parties and corporate principals.

Pursuant to Local Rule 16-15, the parties must participate in a Settlement Conference or Alternative Dispute Resolution (“ADR”) procedure. The Scheduling Order indicates the procedure the parties shall use. If the parties prefer an ADR procedure other than the one ordered by the court, they shall file a Stipulation and Proposed Order. The parties’ request may not necessarily be granted. No case will proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference.

CRITICALCivil cases

For Rule 56 motions, the motion must be filed at least 5 weeks before the hearing, opposition is due 2 weeks after the motion is filed, and reply is due 1 week after the opposition is filed.

 Rule 56 Motion due at least 5 weeks before hearing  Opposition due 2 weeks after Motion is filed  Reply due 1 week after Opposition is filed

CRITICALCivil cases

Parties must meet and confer before filing any motion, except as exempted by Local Rules 7-3 and 16-12.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. In addition, this court requires the parties to meet and confer regarding any other request for relief except those identified as exempt in Local Rules 7-3 and 16-12.

CRITICALCivil cases

All parties must participate in settlement conference or ADR.

As stated in Local Rule 16-15, the parties in every action must participate in a Settlement Conference or Alternative Dispute Resolution (“ADR”) procedure.

CRITICALCivil cases

Settlement conference or ADR required in every case.

As stated in Local Rule 16-15, the parties in every action must participate in a Settlement Conference or Alternative Dispute Resolution (“ADR”) procedure.

CRITICALCivil cases

Opposition to TRO applications must be filed within 24 hours of service.

Applications for a Temporary Restraining Order (“TRO”) are governed by Local Rule 7-19, which applies to ex parte applications. Thus, oppositions to an Application for a TRO must be filed within twenty-four (24) hours following service of the Application.

CRITICALCivil cases

Pre-filing meet and confer requirement exists for motions.

B. Pre-Filing Requirement to Meet and Confer ................................................ 6

CRITICAL

Discovery motions handled by assigned Magistrate Judge; must be filed early enough to obtain responses before discovery cut-off.

Discovery motions are handled by the Magistrate Judge assigned to the case. Any motion challenging the adequacy of discovery responses must be filed, served, and calendared sufficiently in advance of the discovery cut-off date to permit the responses to be obtained before that date if the motion is granted.

CRITICALCivil cases

Parties must meet and confer before filing a motion in limine.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

CRITICALCivil cases

Court will issue scheduling conference order; strict compliance with FRCP 16 and 26 required.

Pursuant to Fed. R. Civ. P. 16(b), the court will issue an order setting a scheduling conference as required by Fed. R. Civ. P. 26 and the Local Rules of this court. Strict compliance with Fed. R. Civ. P. 16 and 26 is required.

CRITICALCivil cases

Parties must meet and confer before filing any motion, as required by Local Rule 7-3.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion.

CRITICALCivil cases

Rule 56 summary judgment motions must be filed at least 5 weeks before the hearing; opposition due 2 weeks after motion; reply due 1 week after opposition.

Rule 56 Motion due at least 5 weeks before hearing  Opposition due 2 weeks after Motion is filed weeks before FPTC  Reply due 1 week after Opposition is filed

CRITICALCivil cases

Pre-filing conference required before any motion; Notice of Motion must include compliance statement; court may strike motion if parties fail to meet and confer in good faith.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court. Counsel shall resolve minor procedural or other non-substantive matters during the conference. The pro se status of one or more parties does not negate this requirement. The Notice of Motion must include a statement of compliance with Local Rule 7-3. The court may strike or deny a motion if counsel fail to meet and confer in good faith.

CRITICALCivil cases

Pre-filing conference required to discuss motion substance and potential resolution.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly … the substance of the contemplated motion and any potential resolution.” Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court.

CRITICALCivil cases

For Rule 56 motions, motion due 5 weeks before hearing, opposition due 2 weeks after motion, reply due 1 week after opposition.

Rule 56 Motion due at least 5 weeks before hearing  Opposition due 2 weeks after Motion is filed  Reply due 1 week after Opposition is filed

CRITICALCivil cases

Court will not rule on TRO applications for at least 24 hours after service unless notice is excused.

The court will not rule on any Application for a TRO for at least twenty-four (24) hours after the party subject to the requested order has been served, unless notice is excused as per Fed. R. Civ. P. 65(b), or the interests of justice so require.

CRITICALCivil cases

Scheduling conference will be set per FRCP 16 and 26; strict compliance required.

Pursuant to Fed. R. Civ. P. 16(b), the court will issue an order setting a scheduling conference as required by Fed. R. Civ. P. 26 and the Local Rules of this court. Strict compliance with Fed. R. Civ. P. 16 and 26 is required.

CRITICALCivil cases

Opposition to ex parte applications must be filed within 24 hours of service.

Following service of the ex parte application by electronic, facsimile, or personal service, the moving party shall notify the opposing party that any opposition must be filed no later than twenty-four (24) hours following service.

CRITICAL

Local Rule 7-3 requires counsel “contemplating the filing of any motion . . . [to] first contact opposing counsel to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution. The conference must take place in person, by telephone, or via video conference at least 7 days prior to the filing of the motion.” Letters and e-mail are insufficient to satisfy the prefiling conference requirements of Local Rule 7-3. Unless otherwise ordered or when a pro se party is incarcerated, the parties, including those appearing pro se, are required to meet and confer in compliance with Local Rule 7-3.

Local Rule 7-3 requires counsel “contemplating the filing of any motion . . . [to] first contact opposing counsel to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution. The conference must take place in person, by telephone, or via video conference at least 7 days prior to the filing of the motion.” Letters and e-mail are insufficient to satisfy the prefiling conference requirements of Local Rule 7-3. Unless otherwise ordered or when a pro se party is incarcerated, the parties, including those appearing pro se, are required to meet and confer in compliance with Local Rule 7-3.

CRITICAL

Preliminary injunction motions require a pre-filing meet and confer in substantive compliance with Local Rule 7-3 at least 5 days prior to filing, notwithstanding Local Rule 7-3's exception for such motions.

Notwithstanding the exception for preliminary injunction motions in Local Rule 7-3, counsel contemplating a preliminary injunction motion are required to meet and confer, in substantive compliance with Local Rule 7-3, at least five (5) days prior to the filing of such a motion.

CRITICAL

Counsel should take note of Local Rule 7-3, which requires “counsel contemplating the filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” Counsel shall discuss the issues sufficiently such that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court. Counsel shall resolve minor procedural or other non-substantive matters during the conference. The court may strike, outright deny a motion or order other relief, including sanctions, if counsel fails to meet and confer in good faith. This requirement applies even to self-represented parties; there is no exception to this rule for parties who appear pro se. Nor are there any exceptions to this rule for futility or redundancy.

Counsel should take note of Local Rule 7-3, which requires “counsel contemplating the filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” Counsel shall discuss the issues sufficiently such that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court. Counsel shall resolve minor procedural or other non-substantive matters during the conference. The court may strike, outright deny a motion or order other relief, including sanctions, if counsel fails to meet and confer in good faith. This requirement applies even to self-represented parties; there is no exception to this rule for parties who appear pro se. Nor are there any exceptions to this rule for futility or redundancy.

CRITICALCivil cases

Opposition to TRO applications due within 24 hours of service or filing.

Oppositions to Applications for a TRO must be filed within 24 hours following service of the Application or filing of the Application, whichever is earlier.

CRITICALCivil cases

Motions in limine must follow Scheduling Order and be heard before Final Pretrial Conference.

Motions in limine shall be filed and noticed for a hearing in accordance with the court’s Scheduling Order. In no case shall any motion in limine be noticed for a hearing date later than the Final Pretrial Conference.

CRITICALCivil cases

Motions for default judgment must be filed within 14 days of default entry or resolution of claims.

Unless the court orders otherwise, motions for default judgment shall be filed within 14 days after the later of (1) entry of default against the last remaining defendant or (2) resolution of all claims against all defendants who have not defaulted.

CRITICAL

Parties must seek leave via noticed motion with good cause to file multiple summary judgment motions or increase page limits.

If a party believes this is one of the rare instances in which good cause exists for more than one motion for summary judgment or to increase page limits, the party shall seek leave by noticed motion setting forth a detailed showing of good cause.

CRITICALCivil cases

Redlined version must be delivered to opposing counsel 2 hours before Local Rule 7-3 conference.

Before a motion to amend is filed, the redlined version also must be delivered to opposing counsel at least two hours in advance of the Local Rule 7-3 conference; and if the plaintiff later changes the delivered version, counsel will be required to meet again about the revised pleading.

CRITICALCivil cases

Court will not rule on TRO for at least 24 hours after service.

The court will not rule on any Application for a TRO for at least 24 hours after the party subject to the requested order has been served, unless notice is excused as per Federal Rule of Civil Procedure 65(b), or unless the interests of justice so require.

CRITICALCivil cases

Movant must appear at default judgment hearing prepared to argue even without opposition.

Unless the court orders otherwise, the movant must appear at the motion hearing prepared to argue the motion and respond to any tentative opinion even in the absence of an opposition.

CRITICAL

Default summary judgment briefing schedule: motion 42 days before hearing, opposition 28 days, reply 21 days; modifications allowed via stipulation subject to court approval.

This court requires an extended briefing schedule for motions for summary judgment, as set forth below: • Motions for Summary Judgment: Must be filed at least forty-two (42) days before the noticed hearing date. • Opposition: Must be filed twenty-eight (28) days before the noticed hearing date. • Reply: Must be filed twenty-one (21) days before the noticed hearing date. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties, subject to court approval. Any briefing schedule must provide the court at least twenty-one (21) days between the reply deadline and the hearing date.

CRITICALCivil cases

Local Rule 7-3 requires meet and confer before filing any motion; must discuss thoroughly, preferably in person; statement of compliance required; sanctions possible for non-compliance; no exceptions for pro se or futility.

Counsel shall take note of Local Rule 7-3, which requires “counsel contemplating the filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” Counsel shall discuss the issues sufficiently such that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court. Counsel shall resolve minor procedural or other non-substantive matters during the conference. The notice of motion or other request must include a statement of compliance with Local Rule 7-3. The court may strike, outright deny a motion, or order other relief, including sanctions, if counsel fails to meet and confer in good faith. This requirement applies even to self-represented parties; there is no exception to this rule for parties who appear pro se. Nor are there any exceptions to this rule for futility or redundancy.

CRITICAL

Cross-motions for summary judgment on the same legal issues are prohibited; counsel must meet and confer to consolidate into one motion.

Also, the court will not entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the one motion for summary judgment.

CRITICALCivil cases

Only one Rule 56 motion allowed without leave of court.

No party may file more than one motion pursuant to Federal Rule of Civil Procedure 56, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication, without leave of court.

CRITICALCivil cases

Motions in limine must be filed and served 21 days before FPTC; oppositions 10 days before; replies 4 days before with courtesy copies to chambers.

All motions in limine are to be filed and personally served no later than twenty-one (21) days before the FPTC. Any oppositions to said motions are to be filed and personally served ten (10) days before the FPTC. Any replies are to be filed and personally served four (4) days before the FPTC and courtesy copies are to be delivered to Court chambers.

CRITICAL

Cross-motions on same issues not allowed; parties must meet and confer to decide who moves.

The Court will not entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the one motion for summary judgment.

CRITICALCivil cases

Structured meet-and-confer schedule for jury instructions (35/28/21/14 days before FPTC).

The parties shall meet and confer regarding jury instructions according to the following schedule: At least thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions. At least twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions. At least twenty-one (21) days before the FPTC: The parties shall meet and confer with the goal of reaching agreement on one set of Joint Agreed Upon Proposed Jury Instructions. At least fourteen (14) days before the FPTC: The parties shall file their (i) Joint Agreed Upon Proposed Jury Instructions and (ii) Disputed Jury Instructions.

CRITICAL

Briefing schedule: motions 28 days, oppositions 14 days, replies 7 days before hearing.

For all motions other than motions in limine, the briefing schedule is as follows: motions shall be filed twenty-eight (28) days prior to the hearing; oppositions or notices of non-opposition shall be filed fourteen (14) days prior to the hearing; and replies, if any, shall be filed seven (7) days prior to the hearing. All motions must be properly noticed for hearing no later than the date of the Final Pretrial Conference.

CRITICALCivil cases

Motions in limine must be filed 3 weeks before hearing; oppositions 2 weeks before.

All motions in limine must be filed at least three (3) weeks before the hearing date. Oppositions must be filed at least two (2) weeks before the hearing date.

CRITICALCivil cases

Parties must meet and confer to resolve disputes before filing any motion.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion.

CRITICAL

Extended briefing schedule: 63 days for opening brief, 14 days for opposition.

This Court requires an extended and modified briefing schedule for motions for summary judgment, as set forth below: Motions for Summary Judgment: No later than sixty-three (63) calendar days before the hearing on the motion, the moving party shall provide to the non-moving party an electronic copy of the opening brief, together with the moving party’s portion of the evidentiary appendix and joint appendix of undisputed and disputed facts. Opposition: No later than fourteen (14) calendar days after receipt of the opening brief, the non-moving party shall provide the moving party with an electronic copy of

CRITICALCivil cases

Cross-motions on same issues not allowed; parties must meet and confer to determine single moving party.

The Court will not entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the one motion for summary judgment.

CRITICALCivil cases

Parties must meet and confer to resolve discovery disputes before filing discovery motions.

The parties are expected to meet and confer to attempt to resolve discovery disputes before filing a discovery motion and must use their best effort to resolve all discovery disputes in a courteous, reasonable, and professional manner.

CRITICALCivil cases

Opening brief and appendices must be provided to non-moving party 63 days before hearing.

No later than sixty-three (63) calendar days before the hearing on the motion, the moving party shall provide to the non-moving party an electronic copy of the opening brief, together with the moving party’s portion of the evidentiary appendix and joint appendix of undisputed and disputed facts.

CRITICALCivil cases

No hearing is required for an Application for Leave to File Under Seal; do not set a hearing date.

NO HEARING is required for this application, so DO NOT set a hearing date.

CRITICALCivil cases

Only one summary judgment motion permitted per case; papers should be well-organized with tabs and headings.

A party may file only one summary judgment motion in a case. Parties need not wait until the motion cutoff date to bring motions for summary judgment or partial summary judgment. The parties should prepare papers in a fashion that will assist the Court in absorbing the facts (e.g., generous use of tabs, tables of contents, headings, indices, etc.).

CRITICALCivil cases

Parties must meet and confer to resolve discovery disputes before filing motion.

The parties are expected to meet and confer to attempt to resolve discovery disputes before filing a discovery motion and must use their best effort to resolve all discovery disputes in a courteous, reasonable, and professional manner.

CRITICALCivil cases

Before filing a motion in limine, parties must confer about whether the disputed evidence will be introduced and attempt to reach an agreement avoiding the motion.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

CRITICALCriminal cases

Conference of counsel required at least 3 days before filing any criminal motion.

No fewer than three days prior to the filing of any criminal motion, counsel must confer to determine whether the parties are in agreement regarding the issue(s) to be presented to the Court, and to determine if the scope of issue(s) to be presented to the Court can be narrowed. In the notice of motion, the moving party shall report to the Court that counsel conferred regarding the substance of the motion.

CRITICAL

Counsel must meet and confer to resolve discovery disputes informally before filing discovery motions.

Counsel shall meet and confer to resolve discovery disputes informally prior to filing a motion for discovery.

CRITICALCriminal cases

Discovery motions require prior consultation with opposing counsel and must include specific information or may be stricken.

Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided. All discovery motions shall state with particularity what is requested, the basis for the request, whether the discovery has been requested from opposing counsel, and whether the discovery has been declined, in whole or in part. Motions made without prior consultation with opposing counsel or that fail to include the above information may be stricken.

CRITICALCivil cases

Pre-filing conference required for all motions, including pro se parties.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference. This provision applies even to self-represented parties; there is no exception to this rule for parties who appear pro se.

CRITICALCivil cases

Pre-motion conference required before filing any motion.

Counsel shall meet and confer pursuant to Local Rule 7-3, which requires “counsel contemplating filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.”

CRITICALCivil cases

Parties must meet and confer before filing any motion.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion.

CRITICALCivil cases

The Local Rule 7-3 meet-and-confer requirement applies to motions in limine.

The meet-and-confer requirement of Local Rule 7-3 applies.

CRITICALCivil cases

Special procedures for summary judgment motions including joint brief requirement.

The Court employs special procedures for motions under Fed. R. Civ. P. 56 for summary judgment (“MSJ”), including the parties’ preparation of a joint brief and joint related documents.

CRITICALCriminal cases

Counsel are encouraged to file their pretrial motions as early as feasible. At the latest, all pretrial motions in criminal cases, including motions in limine, must be noticed for hearing at the pretrial status conference, which is set by the CRD for the Friday morning eleven (11) days in advance of trial. However, pretrial motions may be heard at an earlier date, and counsel are encouraged to file them at an earlier date. For all motions to be heard prior to the pretrial status conference, counsel shall contact the Courtroom Deputy Clerk (“CRD”) in advance to clear a date and time for the hearing.

Counsel are encouraged to file their pretrial motions as early as feasible. At the latest, all pretrial motions in criminal cases, including motions in limine, must be noticed for hearing at the pretrial status conference, which is set by the CRD for the Friday morning eleven (11) days in advance of trial. However, pretrial motions may be heard at an earlier date, and counsel are encouraged to file them at an earlier date. For all motions to be heard prior to the pretrial status conference, counsel shall contact the Courtroom Deputy Clerk (“CRD”) in advance to clear a date and time for the hearing.

CRITICALCivil cases

Meet and confer required before filing motions in limine.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

CRITICALCivil cases

Lead trial counsel must meet and confer in person 40 days before FPTC.

The parties must comply with Local Rule 16. Pursuant to L.R. 16-2, lead trial counsel for each party are required to meet and confer in person forty (40) days in advance to prepare for the FPTC.

CRITICALCivil cases

Many motions to dismiss or to strike could be avoided if the parties confer in good faith (as they are required to do under L.R. 7-3), especially for perceived defects in a complaint, answer or counterclaim which could be corrected by amendment.

Many motions to dismiss or to strike could be avoided if the parties confer in good faith (as they are required to do under L.R. 7-3), especially for perceived defects in a complaint, answer or counterclaim which could be corrected by amendment.

CRITICALCriminal cases

Discovery motions require prior consultation with opposing counsel and must include specific information.

Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain what discovery will be provided. Any discovery motion shall state with particularity what is requested, the basis for such requested production, whether such discovery has been formally requested, and whether such discovery has been declined. Motions made without prior consultation with opposing counsel or which fail to include the above information will not be heard.

CRITICALCivil cases

Deadline

7 days

Ex parte application required for other in limine motions 7 days before due date.

Any party desiring to tender any other in limine motions shall file an ex parte application no later than seven days prior to the due date for such motions, attaching the proposed motion and making a showing why it is imperative that the issue be dealt with by a motion in limine.

CRITICAL

No party may file more than one motion pursuant to Fed. R. Civ. P. 56 regardless of whether such motion is denominated as a motion for summary judgment or summary adjudication.

No party may file more than one motion pursuant to Fed. R. Civ. P. 56 regardless of whether such motion is denominated as a motion for summary judgment or summary adjudication.

CRITICALCivil cases

Pro per parties are not exempt from Local Rule 16 requirements.

This Court does not exempt pro per parties from the requirements of Local Rule 16.

CRITICAL

Ex parte applications are only for extraordinary relief; misuse may result in sanctions.

Ex parte applications are considered on the papers and are not usually set for hearing. Counsel are advised that this Court allows ex parte applications solely for extraordinary relief. Sanctions may be imposed for misuse of ex parte applications.

CRITICALCivil cases

Rule 26(f) discovery plan conference required 21 days before scheduling conference; Joint Rule 26(f) Report due 14 days before.

Federal Rules of Civil Procedure. The parties are reminded of their obligations under Rule 26(f) to confer on a discovery plan not later than 21 days before the scheduling conference and to e-file a “Joint Rule 26(f) Report” with the Court not later than 14 days before the conference.

CRITICALCivil cases

Settlement conference under Court-Directed ADR Program required by court-set date.

Counsel must complete a settlement conference under the Court-Directed ADR Program (Local Rule 16-15.4) no later than the date set by the Court above.

CRITICALCivil cases

Trial cannot proceed without personal appearance at settlement conference by all parties and principals.

No case will proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference and complied with Local Rule 16-15.5.

CRITICALCivil cases

Final Pretrial Conference required; lead trial counsel must represent each party.

The Court will conduct a Final Pretrial Conference pursuant to Federal Rule of Civil Procedure 16 and Local Rule 16-1 on the date and tim e listed above. Each party appearing in this action shall be represented at the Final Pretrial Conf erence and at all pretrial meetings by the lead trial counsel.

CRITICALCivil cases

Pre-filing conference required to discuss motion substance and potential resolution; pro se status doesn't exempt.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference. The in propria persona status of one or more parties does not alter this requirement.

CRITICALCivil cases

For hearings >70 days out: opposition due 21 days after filing, reply due 35 days after filing.

(b). Any motion that is filed and set for a hearing more than 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 21 days after the filing of the motion; and (ii) any reply must be filed no later than 35 days after the filing of the motion.

CRITICALCriminal cases

Limit

10 pages

Limit

5 pages

Motions must be filed 14 days before hearing; support/opposition limited to 10 pages; reply (optional) limited to 5 pages and due 3 days before hearing.

All motions shall be filed fourteen (14) days prior to the hearing date. The supporting memorandum shall not exceed ten (10) pages. Any opposition shall be filed seven (7) days prior to the hearing date and shall not exceed ten (10) pages. The Court does not require a reply. However, if a party elects to file one, it shall be filed three (3) days prior to the hearing date by 12:00 p.m., and shall not exceed five (5) pages. Proposed orders for motions are not required to be filed or submitted to the Judge’s Chambers’ email.

CRITICALCriminal cases

Motions must be filed 14 days before hearing with 10-page limit; oppositions 7 days before with 10-page limit; replies optional 3 days before with 5-page limit; proposed orders not required.

All motions shall be filed fourteen (14) days prior to the hearing date. The supporting memorandum shall not exceed ten (10) pages. Any opposition shall be filed seven (7) days prior to the hearing date and shall not exceed ten (10) pages. The Court does not require a reply. However, if a party elects to file one, it shall be filed three (3) days prior to the hearing date by 12:00 p.m., and shall not exceed five (5) pages. Proposed orders for motions are not required to be filed or submitted to the Judge’s Chambers’ email.

CRITICALCivil cases

For hearings 35-70 days out: opposition due 14 days after filing, reply due 21 days after filing.

(a). Any motion that is filed and set for a hearing between 35 and 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 14 days after the filing of the motion; and (ii) any reply must be filed no later than 21 days after the filing of the motion.

CRITICAL

Counsel must hold a conference at least seven days before filing most types of motions.

The parties are also reminded about their obligation to comply with L.R. 7-3, which requires a Conference of Counsel at least seven days before a party files most types of motions.

CRITICALCivil cases

Motions must be set for in-person hearing on Fridays at 9:00 a.m. in Courtroom 9D.

Motions shall be filed and set for hearing in person, in Courtroom 9D of the United States District Court for the Central District of California, located at 411 W. 4th Street, Santa Ana, California, in accordance with L.R. 6-1. Motions will be heard on Fridays commencing at 9:00 a.m.

CRITICALCivil cases

Conference of Counsel required at least 7 days before filing most motions.

The parties are also reminded about their obligation to comply with L.R. 7-3, which requires a Conference of Counsel at least seven days before a party files most types of motions. The Court may deny a motion sua sponte if the moving party fails to comply strictly with L.R. 7-3.

CRITICALCivil cases

Parties must meet and confer to complete the Joint Statement at least two weeks before the moving party's filing deadline.

Prior to filing the motion, the parties shall meet and confer to complete the Joint Statement. The parties must allow sufficient time—at least two weeks before the deadline for the moving party to file the motion—and must plan accordingly in view of the deadline for hearing dispositive motions; the process of preparing the Joint Statement is intensive.

CRITICALCivil cases

Pre-filing conference required before filing any motion per Local Rule 7-3, applies to attorneys and pro se parties.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference "to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution." Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference. This provision applies even to self-represented parties; there is no exception to this rule for parties who appear pro se.

CRITICALCivil cases

Pre-filing conference required before filing any motion under Local Rule 7-3.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

CRITICALCivil cases

The parties shall notice Daubert motions for hearing on the first available motions date at the time of their filing, unless that date is after the final pretrial conference.

The parties shall notice Daubert motions for hearing on the first available motions date at the time of their filing, unless that date is after the final pretrial conference.

CRITICALCivil cases

Daubert motions due within 7 days after expert discovery cut-off

Unlike other motions in limine, Daubert motions are usually due to be filed within seven days after the expert discovery cut-off date set in the Scheduling Order.

CRITICAL

A party may file only one summary judgment motion in a case.

A party may file only one summary judgment motion in a case.

CRITICALCivil cases

An exhibit conference requiring trial counsel attendance will be held at 3:30 p.m. on the Friday before trial in Courtroom 8A.

AN EXHIBIT CONFERENCE REQUIRING THE ATTENDANCE OF TRIAL COUNSEL WILL BE HELD AT 3:30 P.M. ON THE FRIDAY BEFORE THE SCHEDULED TRIAL DATE IN COURTROOM 8A, UNLESS THE COURT ORDERS OTHERWISE.

CRITICALCivil cases

Parties must meet and confer before filing a motion in limine.

The meet-and-confer requirement of Local Rule 7-3 applies. Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

CRITICAL

Supplemental briefs are prohibited unless prior leave of court is granted.

No supplemental briefs may be filed without prior leave of court.

CRITICAL

Pre-filing conference required for all motions per Local Rule 7-3, applies to all parties including pro se.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference. This provision applies even to self-represented parties; there is no exception to this rule for parties who appear pro se.

CRITICALCivil cases

Parties must meet and confer before filing a motion in limine.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

CRITICAL

Daubert motions must be noticed for hearing on the first available motions date at filing, or at the final pretrial conference if that date is after.

The parties shall notice Daubert motions for hearing on the first available motions date at the time of their filing, unless that date is after the final pretrial conference date, in which case the Daubert motions will be heard at the final pretrial conference.

CRITICALCriminal cases

Counsel must contact the CRD to clear hearing date and time for all motions scheduled before the pretrial status conference.

For all motions to be heard prior to the pretrial status conference, counsel shall contact the Courtroom Deputy Clerk (“CRD”) in advance to clear a date and time for the hearing.

CRITICALCriminal cases

Supplemental briefs are prohibited unless prior leave of court is granted.

No supplemental briefs may be filed without prior leave of court.

CRITICALCriminal cases

Counsel must confer at least 3 days before filing any criminal motion to resolve or narrow issues.

No fewer than three days prior to the filing of any criminal motion, counsel must confer to determine whether the parties are in agreement regarding the issue(s) to be presented to the Court, and to determine if the scope of issue(s) to be presented to the Court can be narrowed.

CRITICALCriminal cases

Parties must consult with opposing counsel before filing any discovery motion.

Before filing any motion for discovery, a party shall consult with opposing counsel to ascertain whether the requested discovery will be provided.

CRITICAL

Counsel must meet and confer in real-time per Local Rule 7-3 before filing any motion; letters/email insufficient, non-compliance may result in strike/denial.

Counsel for the parties shall meet and confer pursuant to Local Rule 7-3, which requires “counsel contemplating filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” The parties must discuss in real-time all issues to be raised in the motion, as well as the law and evidence relevant to those issues, so that the parties’ briefing reflects that they are fully cognizant of the other side’s position(s). Letters and e-mail are insufficient to satisfy the prefiling conference requirements of Local Rule 7-3. The Court may strike or summarily deny a motion if counsel fails to adequately meet and confer in good faith.

CRITICAL

Extension requests to identify fictitious defendants must be in the Joint Rule 26(f) Report.

If plaintiff(s) believe (by reason of the necessity for discovery or otherwise) that all fictitiously named defendants cannot be identified within that period, a request to extend the time must be made in the Joint Rule 26(f) Report.

CRITICAL

Counsel must meet and confer prior to or at the Rule 16-2 Meeting to agree on joint jury instructions and verdict forms.

Prior to or at the time of the Rule 16-2 meeting, counsel shall meet and confer with the goal of reaching agreement as to one set of joint, undisputed jury instructions and one joint, undisputed verdict form or set of verdict forms.

CRITICAL

Stipulations or motions to continue discovery deadlines must be separately filed and noticed for hearing before Judge Kato; court disfavors extensions.

any stipulations or motions to continue discovery deadlines shall be separately filed and noticed for hearing before Judge Kato. However, the Court is not inclined to grant any extensions of the discovery or other case-related deadlines.

CRITICAL

Substitution of fictitious defendants requires consent of counsel or a noticed motion.

If plaintiff(s) want to substitute a defendant for one of the fictitiously named defendants, plaintiff(s) must first seek the consent of counsel for all defendants (and counsel for the fictitiously named party, if that party has separate counsel). If consent is withheld or denied, plaintiff(s) should file a regularly noticed motion.

CRITICAL

Before filing a motion to substitute a fictitiously named defendant, plaintiffs must seek consent of all counsel; if denied, file a regularly noticed motion.

If plaintiff(s) want to substitute a defendant for one of the fictitiously named defendants, plaintiff(s) must first seek the consent of counsel for all defendants (and counsel for the fictitiously named party, if that party has separate counsel). If consent is withheld or denied, plaintiff(s) should file a regularly noticed motion.

CRITICALCivil cases

Class certification motion due within 100 days of scheduling conference.

The parties in a putative class action are to act diligently and begin discovery immediately, so that the motion for class certification can be filed expeditiously. For any action purporting to commence a class action, other than an action subject to the Private Securities Litigation Reform Act of 1995, plaintiff(s) shall file a motion for class certification no later than 100 days from the date of the scheduling conference. This deadline will be continued only upon a showing of due diligence and good cause.

CRITICALCivil cases

Counsel must meet and confer in person or by telephone at least 7 calendar days before filing a sealing application based on the other party's confidentiality designation.

Accordingly, counsel are ordered to meet and confer in person or by telephone at least seven (7) calendar days prior to the filing of an application wherein the basis for the sealing is that it has been deemed confidential by the other party.

CRITICAL

Pending motions in removed cases must be re-noticed per Local Rule 6-1.

Any pending motions must be re-noticed in accordance with Local Rule 6-1.

CRITICAL

Reply briefs are prohibited for ex parte applications and will be stricken unless the court orders otherwise.

Unless otherwise ordered, reply briefs are not allowed and will be stricken.

CRITICALCivil cases

At least 2 weeks required between reply filing and hearing date.

Adherence to the timing requirements is mandatory for chambers’ preparation of motion matters. The parties may stipulate to a different briefing schedule, so long as the schedule provides at least two weeks between the filing of the reply and the hearing date.

CRITICALCivil cases

Motions set for hearing within 35 days follow Local Rules 7-9 and 7-10; otherwise follow special schedule.

Any motion that is filed and set for a hearing to be held fewer than 35 days from the date of the filing of the motion shall be briefed pursuant to Local Rules 7-9 and 7-10. Otherwise, motions shall be briefed according to the following schedule:

CRITICALCivil cases

Prefiling conference required to discuss motion substance and potential resolution; must be in person, by phone, or videoconference.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a prefiling conference "to discuss thoroughly... the substance of the contemplated motion and any potential resolution." Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient.

CRITICALCivil cases

Motions set for hearing more than 70 days out: opposition due 21 days after filing, reply due 35 days after filing.

Any motion that is filed and set for a hearing more than 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 21 days after the filing of the motion; and (ii) any reply must be filed no later than 35 days after the filing of the motion.

CRITICALCivil cases

Pre-filing meet and confer required before filing motions; must be in person, by telephone, or videoconference; written correspondence insufficient.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a prefiling conference "to discuss thoroughly... the substance of the contemplated motion and any potential resolution." Counsel must meet and confer in person or by telephone or videoconference; an exchange of written correspondence is insufficient.

CRITICALCivil cases

Motions set for hearing 35-70 days out: opposition due 14 days after filing, reply due 21 days after filing.

Any motion that is filed and set for a hearing between 35 and 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 14 days after the filing of the motion; and (ii) any reply must be filed no later than 21 days after the filing of the motion.

CRITICAL

Supplemental briefs and surreplies are prohibited without prior leave of court.

No supplemental brief or surreply shall be filed without prior leave of Court.

CRITICALCivil cases

Counsel must meet and confer before filing a motion in limine to determine whether the disputed evidence will be introduced and to attempt to resolve the issue without a motion.

Before filing a motion in limine, counsel must meet and confer to determine whether opposing counsel intends to introduce the disputed evidence and to attempt to reach an agreement that would obviate the motion.

CRITICALCivil cases

Parties must meet and confer under Local Rule 7-3 before filing any motion, and this requirement extends to any other request for relief except those identified in Local Rules 7-3 and 16-12.

The Court reminds the parties of their obligation under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. This Court also requires the parties to meet and confer on any other request for relief (except those identified in Local Rules 7-3 and 16-12).

CRITICALCivil cases

Counsel must meet and confer on jury instructions per a set schedule: exchange proposals 28 days before the FPTC, exchange objections 21 days before, and meet and confer toward one agreed set until 14 days before.

The parties shall make every attempt to agree upon jury instructions before submitting proposals to the Court. The Court expects counsel to agree on the substantial majority of jury instructions, particularly when pattern or model instructions provide a statement of applicable law. The parties shall meet and confer on jury instructions according to the following schedule: • 4 weeks (28 days) before FPTC: Counsel shall exchange proposed jury instructions (general and special) • 3 weeks (21 days) before FPTC: Counsel shall exchange any objections to the instructions • Until 2 weeks (14 days) before FPTC: Counsel shall meet and confer with the goal of reaching an agreement on one set of Joint/Agreed Jury Instructions.

CRITICAL

If plaintiff wants to substitute a defendant for one of the fictitiously named defendants, plaintiff shall first seek the consent of counsel for all defendants (and counsel for the fictitiously named party, if that party has separate counsel). If consent is withheld or denied, plaintiff should file a motion on regular notice.

If plaintiff wants to substitute a defendant for one of the fictitiously named defendants, plaintiff shall first seek the consent of counsel for all defendants (and counsel for the fictitiously named party, if that party has separate counsel). If consent is withheld or denied, plaintiff should file a motion on regular notice.

CRITICAL

Counsel must hold a prefiling conference and file a compliance declaration; pro se status does not exempt parties, noncompliance results in motion denial.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a prefiling conference "to discuss thoroughly... the substance of the contemplated motion and any potential resolution," and to file a declaration confirming compliance. In addition to the requirements stated in Local Rule 7-3, the declaration must state whether the conference took place in person, by telephone, or via video conference. Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference, including the prospective hearing date. The in propria persona status of one or more parties does not alter this requirement. Any motion that fails to comply with Local Rule 7-3 will be denied.

CRITICALCivil cases

Prefiling conference required before filing motions; declaration must state conference method.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution,” and to file a declaration confirming compliance. In addition to the requirements stated in Local Rule 7-3, the declaration must state whether the conference took place in person, by telephone, or via video conference.

CRITICALCivil cases

The Court reminds the parties of their obligation under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. This Court also requires the parties to meet and confer on any other request for relief (except those identified in Local Rules 7-3 and 16-12).

The Court reminds the parties of their obligation under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion. This Court also requires the parties to meet and confer on any other request for relief (except those identified in Local Rules 7-3 and 16-12).

CRITICALCivil cases

Motions set for hearing >70 days out: opposition due 21 days, reply due 35 days after filing.

Any motion that is filed and set for a hearing more than 70 days from the date of the filing of the motion: (i) any opposition must be filed no later than 21 days after the filing of the motion; and (ii) any reply must be filed no later than 35 days after the filing of the motion.

CRITICAL

Meet and confer required before filing motions in limine.

Counsel are to meet and confer with opposing counsel to determine whether opposing counsel intend to introduce the disputed evidence and to attempt to reach an agreement that would obviate the motion.

CRITICALCriminal cases

Counsel must meet and confer with opposing counsel and attempt to resolve the issue before filing a motion.

Counsel must meet and confer with opposing counsel and attempt to resolve the issue before filing a motion.

CRITICAL

No case may proceed to trial unless all parties, including the principals of all corporate parties, have personally appeared at a settlement conference.

No case will proceed to trial unless all parties, including the principals of all corporate parties, have appeared personally at a settlement conference.

CRITICAL

Given the requirements to “meet and confer” and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off.

Given the requirements to “meet and confer” and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off.

CRITICALCriminal cases

Pretrial motions must be noticed for mutually agreed Monday; briefing schedule: motions (3 weeks), oppositions (2 weeks), replies (1 week).

Pretrial motions shall be noticed for a Monday that is mutually agreed to by counsel. The briefing schedule is as follows: Motions shall be filed three weeks prior to the hearing; oppositions, or notice of non-opposition, shall be filed two weeks prior to the hearing; and replies, if any, shall be filed one week prior to the hearing.

CRITICALCriminal cases

Suppression motions must be noticed for mutually agreed Monday; briefing schedule: motions (4 weeks), oppositions (2 weeks), replies (1 week).

Suppression motions shall also be noticed for a Monday that is mutually agreed to by counsel. The briefing schedule for suppression motions is as follows: Motions shall be filed four weeks prior to the hearing; oppositions shall be filed two weeks prior to the hearing; and replies, if any, shall be filed one week prior to the hearing.

CRITICAL

Motions in limine must be filed 3 weeks before final pretrial conference; oppositions 2 weeks before.

All motions in limine must be filed at least three weeks before the final pretrial conference; oppositions must be filed at least two weeks before the final pretrial conference; reply briefs will not be accepted.

CRITICAL

Before filing motions in limine, counsel must meet and confer to determine whether the disputed evidence will actually be introduced and to attempt to resolve the issue without a motion.

Counsel are to meet and confer with opposing counsel to determine whether opposing counsel intend to introduce the disputed evidence and to attempt to reach an agreement that would obviate the motion.

CRITICAL

Reply briefs to motions in limine are prohibited.

reply briefs will not be accepted

CRITICALCivil cases

Lead trial counsel must meet and confer in person per Local Rule 16-2, exchange proposed jury instructions 14 days before, serve objections 10 days before, and attempt to agree at the meeting.

Pursuant to Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person. The Court expects strict compliance with Local Rule 16-2. Fourteen days before the Local Rule 16-2 meeting, the parties shall exchange their respective proposed jury instructions and special verdict forms. Ten days prior to the Local Rule 16-2 meeting, each party shall serve objections to the other’s instructions and verdict forms. Before or at the Rule 16-2 meeting, counsel are ordered to meet and confer and attempt to come to agreement on the proposed jury instructions and verdict forms.

CRITICAL

Opposition to motion must be filed 21 days before hearing date.

To oppose a motion, you must present the Court with a statement explaining the basis of your opposition and he legal authority supporting your contentions. You must also file any evidence upon which you intend to base your opposition to a motion for summary judgment. Pursuant to Local Rule 7-9, your opposition is due not later than twenty-one (21) days before the date designated for hearing of the

CRITICALCriminal cases

Must include

pretrial services approval

Ex parte applications to allow defendant to travel should be made well in advance of the date of travel. Counsel should indicate whether the Pretrial Services officer has approved the travel.

Ex parte applications to allow defendant to travel should be made well in advance of the date of travel. Counsel should indicate whether the Pretrial Services officer has approved the travel.

CRITICAL

Lead trial counsel for each party must meet and confer in person under Local Rule 16-2, with strict compliance expected, before or at the Rule 16-2 meeting regarding proposed jury instructions and verdict forms.

Pursuant to Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person. The Court expects strict compliance with Local Rule 16-2. Fourteen days before the Local Rule 16-2 meeting, the parties shall exchange their respective proposed jury instructions and special verdict forms. Ten days prior to the Local Rule 16-2 meeting, each party shall serve objections to the other’s instructions and verdict forms. Before or at the Rule 16-2 meeting, counsel are ordered to meet and confer and attempt to come to agreement on the proposed jury instructions and verdict forms.

CRITICALCriminal cases

Discovery motions require meet-and-confer; must detail request, basis, prior requests, and opposition response; no prior consultation = motion not heard.

Counsel shall meet and confer with opposing counsel to resolve informal discovery disputes prior to filing a motion for discovery. All discovery motions shall state with particularity what is requested, the basis for the request, whether discovery has been requested and opposing counsel’s response to such request. Motions made without prior consultation with opposing counsel may not be heard.

CRITICAL

Reply briefs are not permitted for motions in limine.

There shall be no replies.

CRITICAL

Briefing schedule: motions 5 weeks, oppositions 3 weeks, replies 2 weeks before hearing.

For all motions other than motions in limine, the briefing schedule is as follows: motions shall be filed five (5) weeks prior to the hearing; oppositions or notices of non-opposition shall be filed three (3) weeks prior to the hearing; and replies, if any, shall be filed two (2) weeks prior to the hearing.

CRITICALCivil cases

Pre-filing conference requirement applies even with pro se parties.

The pro per status of one or more parties does not negate this requirement.

CRITICAL

Parties must confer in compliance with Local Rule 7-3 before filing a motion; pro se status does not excuse this, email alone is insufficient, and noncompliance may result in the motion being struck or denied.

Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference. The pro se status of one or more parties does not negate this requirement. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement. If the parties do not comply with Local Rule 7-3, the Court may strike or deny the motion.

CRITICALCivil cases

Parties must meet and confer before filing a motion in limine.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

CRITICAL

Counsel must comply with Local Rule 7-3 and engage in a pre-filing conference before filing motions (source text cut off mid-sentence).

Pre-filing Requirement: Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference “to discuss

CRITICAL

Each party may file no more than five motions in limine without first seeking leave from the Court.

Each party may file no more than five (5) motions in limine without seeking leave from the Court.

CRITICAL

Lead trial counsel for each party must meet and confer in person 40 days before the FPTC, and failure to comply with Local Rule 16 or this Order may result in the FPTC and trial being taken off calendar or other sanctions.

The parties must comply with Local Rule 16. Pursuant to Local Rule 16-2, lead trial counsel for each party must meet and confer in person forty (40) days in advance to prepare for the FPTC. The parties must comply with Local Rule 16-2, except where the requirements set forth in this Order differ from or supplement those contained in Local Rule 16. The Court may take the FPTC and trial off calendar or impose other sanctions for failure to comply with these requirements.

CRITICAL

Before filing a motion in limine, the parties must meet and confer to determine whether the disputed evidence will actually be introduced and attempt to resolve the issue without the motion.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

CRITICAL

Pretrial motions must be noticed for mutually agreed Friday.

All pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, and motions concerning character evidence under Federal Rule of Evidence 404(b), shall be noticed for a Friday that is mutually agreed to by counsel.

CRITICAL

Parties are limited to five motions in limine and must seek leave of Court to file more.

No party may file more than five (5) motions in limine without seeking leave from the Court to do so.

CRITICAL

Motions Pursuant to Rule 12: Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required under Local Rule 7-3), especially for perceived defects in a complaint, answer, or counterclaim that could be corrected by amendment.

Motions Pursuant to Rule 12: Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required under Local Rule 7-3), especially for perceived defects in a complaint, answer, or counterclaim that could be corrected by amendment.

CRITICAL

Parties must meet and confer before filing a motion in limine to attempt to resolve the dispute without filing.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

CRITICALCriminal cases

Discovery motions filed without prior meet and confer with opposing counsel may be denied a hearing.

Motions made without prior consultation with opposing counsel may not be heard.

CRITICALCriminal cases

Counsel must meet and confer with opposing counsel to resolve issues before filing any motion.

Counsel must meet and confer with opposing counsel and attempt to resolve the issue before filing a motion.

CRITICALCriminal cases

Counsel must contact the Courtroom Deputy for a hearing date before filing non-pretrial/post-trial motions.

For all other pre-trial or post-trial motions, counsel must contact the Courtroom Deputy (“CRD”) to obtain an available hearing date and time before filing a motion.

CRITICAL

The parties shall make every effort to agree upon jury instructions before submitting proposals to the Court.

The parties shall make every effort to agree upon jury instructions before submitting proposals to the Court.

CRITICAL

Parties must meet and confer to resolve discovery disputes before filing a discovery motion.

The parties are expected to meet and confer to attempt to resolve discovery disputes before filing a discovery motion and must use their best effort to resolve all discovery disputes in a courteous, reasonable, and professional manner.

CRITICAL

Parties must meet and confer at least 7 days before filing non-discovery or Daubert motions.

The parties are required under L.R. 7-3 to meet and confer to attempt to resolve disputes at least seven (7) days prior to filing a motion.

CRITICAL

Replies to ex parte applications are not permitted without court leave.

A reply may not be filed absent leave of the Court.

CRITICALCriminal cases

Pretrial motions and motions in limine must be filed 28 days before pretrial conference, with opposition 7 days after filing, reply 7 days after opposition (motions in limine reply require leave), and hearing by pretrial conference.

Pretrial motions, including motions in limine, shall be filed no later than four weeks before the Pretrial Conference. Opposition (or notice of non- opposition) shall be filed no later than one week after the filing of the motion. A reply, if any, shall be filed no later than one week after the filing of the opposition. Replies relating to motions in limine are not accepted absent leave of court. Pretrial motions and motions in limine shall be set for hearing no later than the date and time of the Pretrial Conference.

CRITICAL

Ex parte applications are decided on the papers without a hearing unless the court orders otherwise.

All ex parte applications shall be decided on the papers without a hearing unless the Court orders otherwise.

CRITICALCriminal cases

Counsel must meet and confer to resolve discovery disputes before filing a discovery motion.

Counsel shall meet and confer with opposing counsel to informally resolve discovery disputes prior to filing a motion for discovery.

CRITICALCriminal cases

Hearings on such motions are held on Thursdays at 10:00 a.m., unless otherwise set by the Court.

Hearings on such motions are held on Thursdays at 10:00 a.m., unless otherwise set by the Court.

CRITICALCivil cases

Meet and confer required before filing motions or ex parte applications.

The Parties are required to meet and confer with opposing counsel prior to the filing of a motion or ex parte application under Local Rule 7-3.

CRITICALCivil cases

Pre-motion conference required before filing motions in limine.

Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible.

CRITICALCivil cases

Counsel must confer seven days before filing any motion to discuss its substance and potential resolution.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference seven days in advance of filing any motion, “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

CRITICALCivil cases

Last date to conduct settlement conference is 11 weeks and 4 days before trial.

Last Date to Conduct Settlement Conference 11 weeks and 4 days before trial

CRITICALCivil cases

Last date to hear motions is 10 weeks and 4 days before trial.

Last Date for Hearing Motions* 10 weeks and 4 days before trial

CRITICALCivil cases

Pre-filing conference required 7 days before filing any motion.

Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference seven days in advance of filing any motion, “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

CRITICALCivil cases

Pre-motion conference for motions in limine must occur within 10 days of request letter and at least 21 days before Pre-Trial Conference.

The conference shall take place in person within 10 calendar days of service upon opposing counsel of a letter requesting such a conference, but in no event later than twenty-one days before the Pre-Trial Conference.

CRITICALCivil cases

Motions in limine must be filed 4 weeks and 2 days before trial.

Deadline to File Motions in Limine; 4 weeks and 2 days before trial

CRITICALCivil cases

The parties must meet and confer with opposing counsel before filing a motion or ex parte application.

The Parties are required to meet and confer with opposing counsel prior to the filing of a motion or ex parte application under Local Rule 7-3.

CRITICALCivil cases

Motions in Limine filing and hearing dates specified in Schedule of Trial and Pre-trial Dates

Unless otherwise ordered by the Court, motions in limine will be heard on the date specified on the last page of this Order. The moving party shall file with the Court and serve its Motion in Limine on the responding party on or before the date for filing of motions in limine indicated in the Schedule of Trial and Pre-trial Dates. The responding party shall then file with the Court and serve an opposition to the Motion in Limine on the moving party on or before the date specified on the last page of this Order.

CRITICALCivil cases

Ex parte applications require strict procedures, 24-hour opposition deadline, no replies without authorization, and are decided on papers unless hearing ordered.

The Court will require strict adherence to proper ex parte procedures for any ex parte application filed with the Court. Id. at 492; see also Judge Wright’s Standing Order and Local Rule 7-19. Any opposition to an ex parte application must be filed within 24 hours. Failure to submit a timely opposition constitutes consent to the granting of the application. See Local Rule 7-12. No party may file a reply unless expressly authorized by the Court. All ex parte applications will be decided on the papers and without a hearing unless the Court orders otherwise.

CRITICALCivil cases

Motions in limine hearing scheduled 1 week and 4 days before trial.

Hearing on Motions in Limine at 1:30 p.m. 1 week and 4 days before trial

CRITICALCivil cases

Pretrial conference scheduled 3 weeks and 4 days before trial at 1:30 p.m.

Pretrial Conference at 1:30 p.m. 3 weeks and 4 days before trial

CRITICALCivil cases

Before filing a motion in limine, counsel must confer in good faith; the moving party must arrange the conference, include a declaration of the effort, and hold the conference within 10 calendar days after service of a request letter and no later than 21 days before the Pretrial Conference, subject to the stated remote-conference condition.

Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible. It shall be the responsibility of counsel for the moving party to arrange for this conference. The motion papers must include a declaration showing a good faith meet and confer effort. The conference shall take place in person within 10 calendar days of service upon opposing counsel of a letter requesting such a conference, but in no event later than twenty-one days before the Pretrial Conference. The conference may take place by via video conference call or telephone only if both counsel are not located in the same county in the Central District.

CRITICALCivil cases

Last date to hear motions to amend pleadings or add parties is 12 weeks after notice of scheduling date.

Last Date to Hear Motions to Amend Pleadings or Add Parties 12 weeks after Notice of Sch. Date

CRITICALCivil cases

Class certification motions must follow Local Rule 23-3 and deadline on last page of order

All motions for class certification must be filed according to Local Rule 23-3 and on or before the date specified on the last page of this Order. The Court will rarely grant stipulations or applications to extend that deadline.

CRITICALCivil cases

Motion in limine requires meet and confer conference within 10 days, no later than 21 days before Pretrial Conference.

Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible. It shall be the responsibility of counsel for the moving party to arrange for this conference. The motion papers must include a declaration showing a good faith meet and confer effort. The conference shall take place in person within 10 calendar days of service upon opposing counsel of a letter requesting such a conference, but in no event later than twenty-one days before the Pretrial Conference. The conference may take place by via video conference call or telephone only if both counsel are not located in the same county in the Central District.

CRITICALCivil cases

Class certification motions must follow Local Rule 23-3 and meet deadline.

All motions for class certification must be filed according to Local Rule 23-3 and on or before the date specified on the last page of this Order. The Court will rarely grant stipulations or applications to extend that deadline.

CRITICALCivil cases

Meeting and conferring required before filing motions or ex parte applications.

The Parties are required to meet and confer with opposing counsel prior to the filing of a motion or ex parte application under Local Rule 7-3.

CRITICALCivil cases

Pre-motion letter briefs (max 5 pages) required for summary judgment motions; opposition briefs due within 7 days; no reply without permission.

Prior to filing any summary-judgment motion, the parties must submit letter briefs requesting permission to file the motion. The opening letter brief must be no longer than 5 pages and filed electronically with the Court via CM/ECF as a “Request for Leave to File Motion for Summary Judgment.” The letter brief must state the basis for the summary-judgment motion and reasons why the motion is not premature. Opposition letter briefs must be no longer than 5 pages and filed with the Court no later than 7 days after the opening letter brief. No reply letter briefs may be filed without the Court’s permission. No hearing will be held unless otherwise ordered by the Court.

CRITICAL

For summary judgment motions, the default schedule requires filing the motion at least 42 days, opposition 28 days, and reply 21 days before the hearing; parties may stipulate to a reasonable modified schedule subject to court approval, but every schedule must leave at least 21 days between the reply deadline and the hearing.

This court requires an extended briefing schedule for motions for summary judgment, as set forth below: • Motions for Summary Judgment: Must be filed at least forty-two (42) days before the noticed hearing date. • Opposition: Must be filed twenty-eight (28) days before the noticed hearing date. • Reply: Must be filed twenty-one (21) days before the noticed hearing date. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties, subject to court approval. Any briefing schedule must provide the court at least twenty-one (21) days between the reply deadline and the hearing date.

CRITICAL

The court will not entertain cross-motions on the same legal issues; counsel wishing to cross-move for summary judgment must meet and confer to determine which party will move and which will oppose the single motion.

Also, the court will not entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the one motion for summary judgment.

CRITICALCivil cases

Pre-filing conference required 7 days before filing any motion.

The title page of all motions must state the Pretrial Conference date and the Trial date. Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference seven days in advance of filing any motion, “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

CRITICALCivil cases

Local Rule 7-3 requires counsel to engage in a pre-filing conference 'to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.'

Local Rule 7-3 requires counsel to engage in a pre-filing conference 'to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.'

CRITICAL

Counsel must meet at least 21 days before the scheduling conference; the meeting may be by telephone but cannot be replaced by written correspondence.

Counsel shall meet no later than twenty-one (21) days prior to the court-ordered Scheduling Conference pursuant to Federal Rule of Civil Procedure 26(f) and applicable Local Rules. This meeting may occur telephonically and need not occur in person. A written exchange of correspondence will not satisfy this requirement.

CRITICAL

The parties must meet and confer before filing an application to seal.

The parties also must meet and confer before filing an application to seal.

CRITICALCivil cases

Settlement conference must be conducted 11 weeks and 1 day before trial.

Last Date to Conduct Settlement Conference 11 weeks and 1 day before trial

CRITICALCivil cases

Meet and confer required before filing motions or ex parte applications.

The Parties are required to meet and confer with opposing counsel prior to the filing of a motion or ex parte application under Local Rule 7-3.

CRITICALCriminal cases

Before filing any motion in limine, counsel must confer in good faith pursuant to Local Rule 7-3, with moving counsel responsible for arranging the conference.

Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 (Civil) in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible. It shall be the responsibility of counsel for the moving party to arrange for this conference.

CRITICALCivil cases

Ex parte applications require strict procedures; opposition due within 24 hours; no reply unless authorized; decided on papers unless hearing ordered.

The Court will require strict adherence to proper ex parte procedures for any ex parte application filed with the Court. Id. at 492; see also Judge Wright’s Standing Order and Local Rule 7-19. Any opposition to an ex parte application must be filed within 24 hours. Failure to submit a timely opposition constitutes consent to the granting of the application. See Local Rule 7-12. No party may file a reply unless expressly authorized by the Court. All ex parte applications will be decided on the papers and without a hearing unless the Court orders otherwise.

CRITICALCivil cases

Pre-filing conference required 7 days before filing any motion.

The title page of all motions must state the Pretrial Conference date and the Trial date. Counsel must comply with Local Rule 7-3, which requires counsel to engage in a pre-filing conference seven days in advance of filing any motion, “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

CRITICAL

A party may file only one Rule 56 motion, whether for summary judgment or summary adjudication, unless the court grants leave.

No party may file more than one motion pursuant to Federal Rule of Civil Procedure 56, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication, without leave of court.

CRITICALCivil cases

Motion in limine requires meet-and-confer conference within 10 days, in person unless geographically impractical.

Before filing any motion in limine, counsel for the parties shall confer pursuant to Local Rule 7-3 in a good faith effort to eliminate the necessity for hearing the motion in limine or to eliminate as many of the disputes as possible. It shall be the responsibility of counsel for the moving party to arrange for this conference. The motion papers must include a declaration showing a good faith meet and confer effort. The conference shall take place in person within 10 calendar days of service upon opposing counsel of a letter requesting such a conference, but in no event later than twenty-one days before the Pre-Trial Conference. The conference may take place by video conference call of telephone only if both counsel are not located in the same county in the Central District.

CRITICAL

Before filing any motion, counsel must thoroughly discuss its substance and possible resolution with opposing counsel, preferably in person.

Counsel shall take note of Local Rule 7-3, which requires “counsel contemplating the filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.”

CRITICALCivil cases

Motions in Limine have specific filing and hearing dates per court schedule.

Unless otherwise ordered by the Court, motions in limine will be heard on the date specified on the last page of this Order. The moving party shall file with the Court and serve its Motion in Limine on the responding party on or before the date for filing of motions in limine indicated in the Schedule of Trial and Pre-trial Dates. The responding party shall then file with the Court and serve an opposition to the Motion in Limine on the moving party on or before the date specified on the last page of this Order.

CRITICAL

The meet-and-confer requirement applies to self-represented parties and has no futility or redundancy exception.

This requirement applies even to self-represented parties; there is no exception to this rule for parties who appear pro se. Nor are there any exceptions to this rule for futility or redundancy.

CRITICALCriminal cases

Motions in limine heard at Final Status Conference; ex parte motions require showing of irreparable injury.

Unless otherwise ordered by the Court, motions in limine will be heard at the Final Status Conference. Unless the Court in its discretion otherwise allows, no motions in limine shall be filed or heard on an ex parte basis, absent a showing of irreparable injury or prejudice not attributable to the lack of diligence of the moving party.

CRITICALCivil cases

ERISA cases require agreed statement of facts for summary judgment motions.

Absent an agreed upon statement of facts, the court will not hear motions for summary judgment, but will hear motions to determine the standard of review and the scope of the administrative record. See Kearney v. Standard Ins. Co., 175 F.3d 1084 (9th Cir. 1999). There will be a court trial (usually confined to oral argument) on the administrative record.

CRITICALCivil cases

Local Rule 7-3 requires a pre-filing conference to discuss the motion's substance and potential resolution.

Among other things, Local Rule 7-3 requires counsel to engage in a pre-filing conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues sufficiently so that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other nonsubstantive matters during the conference.

CRITICALCivil cases

Parties must check closed motion dates on Judge Murillo’s Procedures and Schedules Page immediately before filing a motion; no need to clear date with Courtroom Deputy first.

It is not necessary to clear a hearing date with the Courtroom Deputy before filing a motion. Immediately before filing the motion, parties must check the closed motion dates column located on the right side of Judge Murillo’s Procedures and Schedules Page on the

CRITICAL

Both parties are required to meet and confer in good faith to reach a resolution without the need for a motion. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.

Both parties are required to meet and confer in good faith to reach a resolution without the need for a motion. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.

CRITICAL

All motions must be filed in compliance with Local Rules 6 and 7.

Motions must be filed in accordance with Local Rules 6 and 7.

CRITICAL

Motions (except in limine) require briefing 3 weeks before hearing (motion), 2 weeks (opposition), 1 week (reply); must be noticed by FPTC; alternate schedules allowed with court approval.

For all motions, other than motions in limine, the briefing schedule is as follows: motions shall be filed three (3) weeks prior to the hearing; oppositions or notices of non- opposition shall be filed two (2) weeks prior to the hearing; and replies, if any, shall be filed one (1) week prior to the hearing. All motions must be properly noticed for hearing no later than the date of the FPTC. The parties must adhere to the briefing schedule set forth herein to afford the Court adequate time to prepare for the hearing; however, the parties may stipulate to an alternate briefing schedule contingent upon approval by the Court. Failure to comply with these deadlines may result in the court declining to consider the untimely memorandum or other document. See Local Criminal Rule 57-1; Local Civil Rule 7-12.

CRITICAL

Plaintiff must seek all defendants’ counsel consent before filing motion to substitute Doe defendant; denied consent requires regularly noticed motion, with diversity jurisdiction address in diversity cases.

Before moving to substitute a defendant for a Doe defendant, plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant. If denied consent, plaintiff must file a regularly noticed motion. In diversity cases, plaintiff’s motion must address whether the addition of the newly named party destroys diversity jurisdiction. See 28 U.S.C. § 1447(c), (e).

CRITICALCivil cases

Motions in limine must be filed 28 days before FPTC; oppositions 14 days before.

All motions in limine shall be filed and emailed to Chambers at least twenty-eight (28) days before the FPTC. Oppositions shall be filed and emailed to Chambers at least fourteen (14) days before the FPTC.

CRITICALCivil cases

Meet and confer required before filing motions in limine.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

CRITICAL

Parties must check Judge Murillo’s closed motion dates on the court website immediately before filing a motion; motions noticed for closed dates may be struck or reset.

Immediately before filing the motion, parties must check the closed motion dates column located on the right side of Judge Murillo’s Procedures and Schedules Page on the Court’s website to ensure the hearing date has not been closed. The closed date column is typically updated on a weekly, and sometimes daily, basis. If a motion is noticed for a date that is not available, the Court may strike or reset the motion.

CRITICAL

Pretrial detention review requests must first be addressed to the Magistrate Judge.

Any request for review of pretrial release conditions based on changed circumstances or information not previously presented to the Magistrate Judge shall be addressed in the first instance to the Magistrate Judge and shall be served on both opposing counsel and Pretrial Services.

CRITICALCivil cases

Meet and confer schedule for jury instructions: exchange proposals at 35 days, objections at 28 days before FPTC.

The parties shall meet and confer regarding jury instructions according to the following schedule: Thirty-five (35) days before the FPTC: The parties shall exchange proposed general and special jury instructions. Twenty-eight (28) days before the FPTC: The parties shall exchange any objections to the instructions.

CRITICALCivil cases

Maximum 5 motions in limine per party without leave.

No party may file more than five (5) motions in limine without seeking leave from the Court to do so.

CRITICALCivil cases

Moving party must arrange an in-person or videoconference meet and confer no later than 60 days before the MSJ hearing cutoff, discussing all issues, law, and evidence.

For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) days before the motion hearing cutoff set forth in the case management order. The parties shall thoroughly discuss each issue to be raised and the law and evidence relevant to that issue.

CRITICAL

Meet and confer required before filing discovery motions; email alone insufficient; motions must state meet and confer compliance and request details.

Counsel shall meet and confer to resolve discovery disputes informally prior to filing a motion to compel discovery. All discovery motions shall state whether the meet and confer requirement has been satisfied and state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request. Both parties are required to meet and confer in good faith to reach a resolution without the need for a motion. The Court may decline to hear discovery motions made without prior consultation with opposing counsel. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.

CRITICAL

Parties must strictly comply with FRCP 16, 26, and court orders regarding scheduling conferences.

Pursuant to Federal Rule of Civil Procedure16(b), the Court will issue an Order Setting Scheduling Conference. The parties are required to strictly comply with Federal Rule of Civil Procedure 16 and 26, as well as this Court’s Orders.

CRITICAL

Failure to comply with meet and confer requirements may result in sanctions; moving party must detail opposing party’s refusal to participate in good faith.

If an opposing party refuses to participate in good faith, the moving party shall explain the refusal in detail. Failure by any party to comply in good faith with the “meet and confer” requirement may result in an order to show cause re: sanctions—including, as appropriate, striking or denying the motion, deeming the motion unopposed, and/or awarding monetary sanctions.

CRITICAL

Meet and confer must be conducted via videoconference or in person; email is insufficient.

Parties must meet and confer either by videoconference or in person. Email correspondence is insufficient.

CRITICALCivil cases

No additional briefing or filings in support of or opposition to MSJ are permitted.

No additional briefing or filing in support of or in opposition to the MSJ is permitted.

CRITICAL

Parties must adhere to Local Rules 7-9 and 7-10 briefing schedules for all motions except Rule 56 motions.

To allow Chambers enough time to prepare, the parties must adhere to the briefing schedule set forth in Local Rules 7-9 and 7-10 for all motions, except Rule 56

CRITICALCivil cases

Parties must comply with FRCP 56, local rules, this order, and the court's civil case standing order when filing or opposing summary judgment motions.

When filing or opposing a motion for summary judgment, a party must comply with Federal Rule of Civil Procedure 56, the Local Rules of the Central District of California, this Order, and the Court’s Standing Order for Civil Cases.

CRITICAL

Counsel must meet and confer in person/by phone at least 7 calendar days before filing sealing application; non-proposing party confirms within 2 days after; email alone insufficient.

Counsel is ordered to meet and confer in person or by telephone at least seven calendar days before the filing of an application in which the basis for the requested sealing is stated to determine if they can agree on the proposed under seal filing. Not later than two calendar days after the meet and confer process has concluded, the non-proposing party shall confirm whether it agrees to having such information designated as confidential or whether it opposes an under-seal filing. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.

CRITICAL

Parties with excessive or frivolous jury instruction disagreements must meet and confer immediately.

If there are excessive or frivolous disagreements over jury instructions, the Court will order the parties to meet and confer immediately until they substantially narrow their disagreements.

CRITICAL

Local Rule 7-3 pre-filing meet and confer is strictly enforced, applying to all cases including those with pro se litigants.

The Court strictly enforces Local Rule 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” This requirement applies in all cases, including those with Pro Se Litigants.

CRITICALCivil cases

Moving parties must schedule an in-person or videoconference meet and confer for summary judgment motions no later than 60 calendar days before the motion hearing cutoff, with encouragement to meet sooner.

For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) calendar days before the motion hearing cutoff set forth in the case management order. The parties, however, should make every effort to meet sooner than the sixtieth day to allow sufficient time to discuss the MSJ and for briefing.

CRITICAL

Counsel must meet and confer in good faith regarding pre-trial motions (except motions in limine) before filing; email alone does not satisfy this requirement.

Counsel must meet and confer with opposing counsel “to discuss thoroughly… the substance of the contemplated pre-trial motion and any potential resolution” thereof. See Local Criminal Rule 57-1; Local Civil Rule 7-3. Counsel shall discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Both parties are required to meet and confer in good faith to reach a resolution without the need for a motion. The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.

CRITICAL

Counsel must meet and confer on all potentially disputed matters (except Local Rules 7-3/16-12) before presenting to court, including continuances and seal applications, to resolve or narrow issues.

This Court requires parties through Counsel to meet and confer about any potentially disputed matter (except those identified in Local Rules 7-3 and 16-12) before presenting it to the Court, including requests to continue any matter, applications to file under seal, and other filings seeking a court order. The purpose of meeting and conferring is to attempt to obviate the need for a motion and thus avoid unnecessary Court intervention. If the parties are unable to fully resolve the dispute, they shall attempt to narrow the scope of contested issues.

CRITICALCivil cases

Pre-filing meet and confer is required for all motions, including those involving pro se litigants.

The Court strictly enforces Local Rule 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” This requirement applies in all cases, including those with Pro Se Litigants.

CRITICALCriminal cases

Motions (except in limine) briefing schedule: motions 5 weeks, oppositions 3 weeks, replies 2 weeks before hearing.

For all motions, other than motions in limine, the briefing schedule is as follows: motions shall be filed five (5) weeks prior to the hearing; oppositions or notices of non-opposition shall be filed three (3) weeks prior to the hearing; and replies, if any, shall be filed two (2) weeks prior to the hearing.

CRITICALCivil cases

Meet and confer required at least 60 days before MSJ hearing cutoff

Meet and Confer. For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) days before the motion hearing cutoff set forth in the case management order.

CRITICALCivil cases

Moving party must arrange a meet and confer at least 60 calendar days before the motion hearing cutoff.

For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) calendar days before the motion hearing cutoff set forth in the case management order.

CRITICALCivil cases

Pre-motion conference (in-person or videoconference) required no later than 60 days before motion hearing cutoff for summary judgment motions.

For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) days before the motion hearing cutoff set forth in the case management order. The parties shall thoroughly discuss each issue to be raised and the law and evidence relevant to that issue.

CRITICALCivil cases

Only one joint Rule 56 motion permitted without leave of court.

No more than one joint motion may be filed under Federal Rule of Civil Procedure 56 without leave of court, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication.

CRITICALCivil cases

Meet and confer must be conducted by videoconference or in person; email is insufficient.

Parties must meet and confer either by videoconference or in person. Email correspondence is insufficient.

CRITICALCivil cases

Reply Memorandum. No later than seven (7) days after the Joint Brief is filed and no later than twenty-one (21) days before the scheduled hearing date, the moving party may separately file a reply memorandum of points and authorities, not exceeding ten (10) pages in length. The moving party may not use this filing to supplement the Joint Appendix of Facts or the Joint Appendix of Evidence in any way. No additional briefing or filing in support of or in opposition to the MSJ is permitted.

Reply Memorandum. No later than seven (7) days after the Joint Brief is filed and no later than twenty-one (21) days before the scheduled hearing date, the moving party may separately file a reply memorandum of points and authorities, not exceeding ten (10) pages in length. The moving party may not use this filing to supplement the Joint Appendix of Facts or the Joint Appendix of Evidence in any way. No additional briefing or filing in support of or in opposition to the MSJ is permitted.

CRITICALCivil cases

Meet and confer conference is required no later than 60 days before motion hearing cutoff for summary judgment motions.

(a) Meet and Confer. For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) calendar days before the motion hearing cutoff set forth in the case management order. The parties, however, should make every effort to meet sooner than the sixtieth day to allow sufficient time to discuss the MSJ and for briefing.

CRITICALCivil cases

Meet and confer required 60 days before motion hearing cutoff for MSJs.

For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) days before the motion hearing cutoff set forth in the case management order.

CRITICALCivil cases

Moving party must arrange a meet and confer at least 60 days before the MSJ hearing cutoff.

For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) days before the motion hearing cutoff set forth in the case management order. The parties shall thoroughly discuss each issue to be raised and the law and evidence relevant to that issue.

CRITICALCivil cases

Pending motions from state court must be re-noticed per Local Rule 7.

Any pending motions must be re-noticed in accordance with Local Rule 7.

CRITICALCriminal cases

Pretrial motions: file motion 4 weeks before hearing, opposition 3 weeks before, reply 2 weeks before.

For all pretrial motions, file: (1) the motion four weeks before the hearing; (2) the opposition/non-opposition three weeks before the hearing; and (3) the reply, if any, two weeks before the hearing.

CRITICALCriminal cases

Counsel must meet with opposing counsel to resolve discovery disputes before filing motion.

Counsel shall meet with opposing counsel to resolve discovery disputes before filing a motion for discovery.

CRITICALCriminal cases

Before filing Joint MIL, moving party must email evidence issues and meet within 5 days; JMIL must include bold relief statement and underlined party contentions.

Before filing a JMIL, the moving party shall send an email identifying the evidence to be excluded or admitted, the specific terms of the order sought, and the rationale and supporting authority. Counsel shall meet within 5 calendar days of the email. If unable to resolve the issue(s), counsel shall file a JMIL consisting of: (a) the moving party’s one-sentence statement in bold of the relief sought (i.e., the evidence to be excluded or admitted); and (b) each party’s contentions set forth below a separate underlined heading for each (identifying the moving party, the opposing party, and the moving party in reply).

CRITICALCriminal cases

Moving party's JMIL portion must be provided to opposing party 28 days before pretrial conference.

(a) The moving party’s portion of the JMIL must be provided to the opposing party 28 days before the PTC; (b) the opposing

CRITICALCriminal cases

Criminal motion hearings are Tuesdays at 8:00 a.m.; include time estimate for hearings over 30 minutes; meet and confer before filing.

Hearings on criminal motions are on Tuesdays at 8:00 a.m. Include a time estimate below the hearing date on the face page of the motion for any hearing expected to last more than 30 minutes. Meet and confer before filing a motion and describe the resolution efforts in the notice of motion. Notify the Court immediately of any resolution occurring after a motion is filed.

CRITICALCivil cases

JMIL briefing schedule: moving party 25 days before PTC, opposing party 18 days before PTC, reply 14 days before PTC.

Briefing Schedule. (1) The moving party’s portion of the JMIL is due 25 days before the PTC; (2) the opposing party’s portion of the JMIL is due 18 days before the PTC; and (3) the moving party’s reply portion is due 14 days before the PTC. All JMILs must be filed and served at least 14 days before the PTC.

CRITICALCriminal cases

Motions in Limine (MILs) are heard at pretrial conference and require Joint MIL and meet-and-confer declaration.

MILs are heard at the pretrial conference (PTC) and require the filing of a Joint MIL (JMIL) and declaration of the meet and confer. Failure to cooperate and comply with the procedures below may result in sanctions.

CRITICALCivil cases

Only one joint summary judgment motion is allowed without leave of Court.

No more than one joint motion may be filed under Fed. R. Civ. P. 56, whether brought as a motion for summary judgment or summary adjudication, without leave of Court.

CRITICALCivil cases

Moving party must arrange a meet-and-confer (in-person or videoconference) no later than 53 days before the MSJ hearing cutoff.

For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than 53 days before the motion hearing cutoff set forth in the case management order (CMO).

CRITICALCriminal cases

Bail review requests under 18 U.S.C. § 3142(f)(2)(b) must first go to Magistrate Judge and be served on opposing counsel and Pretrial Services using form CR-88.

Any request for bail review made under 18 U.S.C. § 3142(f)(2)(b) based on changed circumstances or information not previously presented to the Magistrate Judge must be addressed in the first instance to the Magistrate Judge and must be served on both opposing counsel and Pretrial Services. Counsel is reminded to use form CR-88 when making such a request.

CRITICAL

For motions for summary judgment, preliminary injunction, and class certification, counsel must contact CRD via chambers email to reserve a hearing date before filing; failure to obtain a date results in the motion being stricken.

It is not necessary to clear a hearing date with Judge Sykes’ CRD before filing a motion, except for motions for summary judgment, motions for preliminary injunction, and motions for class certification. For these three motions, contact the CRD via the Court’s chambers email address at SSS_Chambers@cacd.uscourts.gov to reserve a hearing date. There are limited available hearings on any given date. Counsel are encouraged to reserve a date as soon as possible because failure to obtain the desired date may result in an inability to file the respective motion by the schedule deadline. If the moving party fails to obtain a date, the motion will be stricken for failure to notice a hearing under Local Rule 6-1.

CRITICAL

Motions in limine require pre-filing meet and confer, must be filed 4 weeks before final pretrial conference, oppositions 2 weeks prior, with no replies allowed.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion. Motions in limine must be filed at least four (4) weeks before the Final Pretrial Conference. Oppositions must be filed at least two (2) weeks before the Final Pretrial Conference. There must be no replies.

CRITICAL

Class certification motions require extended briefing: motion 7 weeks before hearing, opposition 5 weeks, reply 4 weeks, with at least 4 weeks between reply and hearing.

This Court requires an extended briefing schedule for motions for class certification as set forth below: • Motions for Class Certification: Must be filed at least 7 weeks before the hearing date. • Opposition: Must be filed at least 5 weeks before the hearing date. • Reply: Must be filed at least 4 weeks before the hearing date. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties. Any briefing schedule must provide the Court at least 4 weeks between the reply deadline and the hearing date.

CRITICAL

Parties must meet and confer to resolve disputes before filing any motion, per local civil and criminal rules.

The parties are reminded of their obligation under Local Civil Rule 7-3 and Local Criminal Rule 57-1 to meet and confer to attempt to resolve disputes before filing a motion.

CRITICALCivil cases

Lead trial counsel must meet and confer in person 6 weeks before FPTC.

The parties must comply with Local Rule 16. Pursuant to Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person six (6) weeks in advance to prepare for the FPTC.

CRITICALCivil cases

Parties must meet and confer before filing motions in limine.

Before filing a motion in limine, the parties must meet and confer to determine

CRITICAL

Counsel must meet (in person or telephonically) no later than three weeks before the Scheduling Conference, and a written exchange of correspondence will not satisfy this requirement.

Counsel must meet no later than three (3) weeks prior to the Scheduling Conference. This meeting may occur telephonically and need not occur in person. A written exchange of correspondence will not satisfy this requirement.

CRITICAL

The parties must meet and confer by ten days before trial to stipulate as much as possible about foundation, best-evidence-rule waivers, and exhibits that may be admitted at trial’s start.

The parties must meet and confer no later than ten (10) days before trial to stipulate as much as possible to foundation, waiver of the best evidence rule, and exhibits that may be received into evidence at the start of the trial.

CRITICAL

Criminal motions must comply with Fed. R. Crim. P. 47 and local rules, are heard Fridays (9 AM non-custody, 10 AM custody), pretrial motions require mutually agreed Friday, no CRD clearance needed.

Motions must be filed in accordance with Federal Rule of Criminal Procedure 47 and Local Criminal Rule 49, et seq., unless superseded by this Order. The Court hears motions in criminal actions on Fridays, beginning at 9:00 a.m. Non-Custody cases are heard starting at 9:00 a.m. and Custody cases are heard starting at 10:00 a.m. Pretrial motions, including motions to suppress evidence, motions to bifurcate or sever, and motions concerning character evidence under Federal Rule of Evidence 404(b), must be noticed for a Friday that is mutually agreed to by counsel. It is not necessary to clear a hearing date with the CRD before filing a motion. The parties should not calendar a matter on a Friday that is a court holiday. If this occurs, the

CRITICAL

Deadline to File Motions in Limine: 6 weeks before FPTC. Deadline for Oppositions to Motions in Limine: 4 weeks before FPTC. Hearing on Motions in Limine: 1 week before FPTC

Deadline to File Motions in Limine: 6 weeks before FPTC. Deadline for Oppositions to Motions in Limine: 4 weeks before FPTC. Hearing on Motions in Limine: 1 week before FPTC

CRITICALCivil cases

Meet and confer must occur at least 7 days before filing motion.

Local Rule 7-3 requires the conference to be in person, by telephone, or via video conference at least 7 days prior to the filing of the motion.

CRITICAL

During trial, the parties must attempt to resolve all issues through a meet and confer before the Court will rule on them.

The parties must continue to meet and confer on all issues that arise during trial. The Court will not rule on any such issue unless the parties have attempted to resolve it first.

CRITICALCriminal cases

Meet and confer required before filing any motion.

The parties are reminded of their obligation under Local Civil Rule 7-3 and Local Criminal Rule 57-1 to meet and confer to attempt to resolve disputes before filing a motion.

CRITICAL

Rule 56 motions must be filed 49 days before hearing, oppositions 35 days before, and replies 28 days before.

Rule 56 Motion due at least 49 days before hearing; Rule 56 Opposition due at least 35 days before hearing; Rule 56 Reply due at least 28 days before hearing

CRITICALCriminal cases

Motions in limine and oppositions have specific filing deadlines before Final Pretrial Conference.

Motions in limine must be filed at least four (4) weeks before the Final Pretrial Conference. Oppositions must be filed at least two (2) weeks before the Final Pretrial Conference.

CRITICAL

To file more than one summary judgment motion or increase page limits, party must file a noticed motion with detailed showing of good cause.

If a party believes this is one of the rare instances in which good cause exists for more than one motion for summary judgment or to increase page limits, the party must seek leave by noticed motion setting forth a detailed showing of good cause.

CRITICAL

Summary judgment motions require extended briefing: motion 7 weeks before hearing, opposition 5 weeks, reply 4 weeks, with at least 4 weeks between reply and hearing.

This Court requires an extended briefing schedule for motions for summary judgment, as set forth below: • Motions for Summary Judgment: Must be filed at least seven (7) weeks before the hearing date. • Opposition: Must be filed at least five (5) weeks before the hearing date. • Reply: Must be filed at least four (4) weeks before the hearing date. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties. Any briefing schedule must provide the Court at least 4 weeks between the reply deadline and the hearing date.

CRITICALCivil cases

Parties limited to 5 motions in limine each unless Court grants leave.

The parties are limited to five (5) motions each unless the Court grants leave to file additional motions.

CRITICAL

Only one summary judgment motion allowed without leave of court.

No party may file more than one (1) motion pursuant to Federal Rule of Civil Procedure 56, regardless of whether such motion is denominated a motion for summary judgment or summary adjudication, without leave of the Court.

CRITICALCivil cases

Meet and confer required before filing any motion.

Counsel should take note of Local Rule 7-3, which requires “counsel contemplating filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.”

CRITICALCivil cases

Replies to motions in limine are not allowed and will be stricken.

The Court does not allow parties to file a reply in support of their motions in limine, and any reply filed to that effect shall be stricken.

CRITICAL

The parties must meet and confer before filing a motion in limine.

Before filing a motion in limine, the parties must meet and confer to determine

CRITICALCriminal cases

Motion briefing schedule: 5 weeks (motion), 3 weeks (opposition), 2 weeks (reply).

For all motions other than motions in limine, the briefing schedule is as follows:  Motions must be filed at least five (5) weeks prior to the hearing;  Briefs in opposition or notices of non-opposition must be filed at least three (3) weeks prior to the hearing; and  Replies, if any, must be filed at least two (2) weeks prior to the hearing.

CRITICALCivil cases

Motions in limine must be noticed 1 week before FPTC and 1 week after trial filings.

Motions in limine (including Daubert motions3) must be noticed for hearing at least one (1) week before the FPTC and no less than one (1) week after trial filings are submitted.

CRITICAL

Counsel should take note of Local Rule 7-3, which requires “counsel contemplating filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues sufficiently such that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference.

Counsel should take note of Local Rule 7-3, which requires “counsel contemplating filing of any motion” to “first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.” Counsel should discuss the issues sufficiently such that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court. Counsel should resolve minor procedural or other non-substantive matters during the conference.

CRITICAL

Reply briefs in support of motions in limine are prohibited and any such Reply shall be stricken.

The Court does not allow parties to file a Reply in Support of their Motions in limine, and any Reply filed to that effect shall be stricken.

CRITICALCriminal cases

Discovery motions require prior consultation with opposing counsel and must detail specific request information.

Counsel must meet and confer to resolve discovery disputes informally prior to filing a motion to compel discovery. All discovery motions must state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to each such request. The Court may decline to hear discovery motions made without prior consultation with opposing counsel.

CRITICAL

Counsel must meet and confer to resolve discovery disputes before filing a motion to compel discovery.

Counsel must meet and confer to resolve discovery disputes informally prior to filing a motion to compel discovery.

CRITICAL

Partial default judgment motions (some but not all defendants in default) must be noticed for the same hearing date as the Final Pretrial Conference and filed in accordance with Local Rules 7-3, 7-9, and 7-10.

Motions for Default Judgment wherein some, but not all, of the named defendants are alleged to have defaulted must be noticed for the same hearing date as the Parties’ Final Pretrial Conference and filed in accordance with the motion requirements described in the Local Rules. L.R. 7-3, 7-9, 7-10.

CRITICALCriminal cases

Parties must meet and confer to agree on jury instructions before submitting to Court.

The parties must make every effort to agree upon jury instructions before submitting proposals to the Court. The Court expects the parties to agree on most instructions, particularly when pattern or model jury instructions exist, and provide a statement of applicable law. The parties must meet and confer regarding jury instructions in a timely manner.

CRITICAL

For all motions other than motions in limine, the briefing schedule is as follows:  Motions must be filed at least five (5) weeks prior to the hearing;  Briefs in opposition or notices of non-opposition must be filed at least three (3) weeks prior to the hearing; and  Replies, if any, must be filed at least two (2) weeks prior to the hearing. All motions must be properly noticed for hearing no later than the date of the Final Pretrial Conference.

For all motions other than motions in limine, the briefing schedule is as follows:  Motions must be filed at least five (5) weeks prior to the hearing;  Briefs in opposition or notices of non-opposition must be filed at least three (3) weeks prior to the hearing; and  Replies, if any, must be filed at least two (2) weeks prior to the hearing. All motions must be properly noticed for hearing no later than the date of the Final Pretrial Conference.

CRITICAL

Counsel must meet and confer with opposing counsel before filing any motion; email alone is insufficient.

Counsel should take note of Local Rule 7-3, which requires 'counsel contemplating filing of any motion' to 'first contact opposing counsel to discuss thoroughly, preferably in person, the substance of the contemplated motion and any potential resolution.' ... The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.

CRITICAL

Reply briefs not permitted for ex parte applications.

Reply briefs in support of ex parte applications are not permitted.

CRITICAL

Pre-filing meet and confer required for all motions and disputed matters, including pro se cases; must be by videoconference or in person.

The Court strictly enforces L.R 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” This requirement applies in all cases, including those with Pro Se Litigants. This Court requires parties through Counsel to meet and confer about any potentially disputed matter (except those identified in L.R. 7-3 and 16-12) before presenting it to the Court, including requests to continue any matter, applications to file under seal, and other filings seeking a court order.

CRITICAL

The issue of exhaustion under the Prison Litigation Reform Act (“PLRA”) must be raised at the beginning of the litigation. Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on the exhaustion issue must file before this Court a request for a hearing within fourteen

The issue of exhaustion under the Prison Litigation Reform Act (“PLRA”) must be raised at the beginning of the litigation. Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014). A party seeking to obtain a judicial determination of any material fact dispute precluding summary judgment on the exhaustion issue must file before this Court a request for a hearing within fourteen

CRITICAL

L.R. 7-3 requires prefiling conference to discuss motion substance and potential resolution.

The Court strictly enforces L.R. 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.”

CRITICAL

Extended briefing schedule required for class certification motions.

This Court requires an extended briefing schedule for motions for class certification.

CRITICAL

Meet and confer must be by videoconference or in person; email is insufficient.

Parties must meet and confer either by videoconference or in person. Email correspondence is insufficient.

CRITICALCivil cases

Moving party must arrange a meet-and-confer meeting or videoconference at least 60 days before the MSJ hearing cutoff.

For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) days before the motion hearing cutoff set forth in the case management order. The parties shall thoroughly discuss each issue to be raised and the law and evidence relevant to that issue.

CRITICAL

Motions in limine must be scheduled for the Final Pretrial Conference.

Motions in limine shall be noticed for hearing on the Final Pretrial Conference Date.

CRITICAL

Meet and confer required for pre-trial motions (except motions in limine).

Counsel must meet and confer with opposing counsel “to discuss thoroughly… the substance of the contemplated pre-trial motion and any potential resolution” thereof. Local Criminal Rule 57-1; Local Civil Rule 7-3.

CRITICAL

Pre-filing meet and confer is required for all motions, including cases with pro se litigants.

The Court strictly enforces L.R. 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” This requirement applies in all cases, including those with Pro Se Litigants.

CRITICAL

ERISA summary judgment motions must distinguish Kearney v. Standard Insurance and explain why not precluded.

If they choose to do so, they must distinguish Kearney v. Standard Insurance Co., 175 F.3d 1084, 1093-95 (9th Cir. 1999) in the moving papers and explain why summary judgment is not precluded.

CRITICAL

Daubert motions must be noticed for hearing at least 8 weeks before the Final Pretrial Conference.

Daubert motions shall be noticed for hearing not later than eight (8) weeks before the Final Pretrial Conference date.

CRITICAL

Meet and confer required for disputed matters before court presentation.

This Court requires parties through Counsel to meet and confer about any potentially disputed matter (except those identified in L.R. 7-3 and 16-12) before presenting it to the Court, including requests to continue any matter, applications to file under seal, and other filings seeking a court order.

CRITICAL

Failure to meet deadlines may result in court declining to consider untimely documents.

Failure to comply with these deadlines may result in the court declining to consider the untimely memorandum or other document.

CRITICAL

Discovery motions must state meet and confer compliance and detail request specifics.

All discovery motions shall state whether the meet and confer requirement has been satisfied and state with particularity what is requested, the basis for the request, whether the discovery at issue has been requested, and opposing counsel’s response to such request.

CRITICAL

Opposing party must file opposition papers within 48 hours or by 3pm next court day, whichever is later.

The moving party must also serve the opposing party by email, fax, or personal service, and notify that party that opposing papers must be filed not later than forty-eight (48) hours following service or by 3:00 p.m. on the first court day after the service, whichever is later.

CRITICAL

Before moving to substitute a Doe defendant, plaintiff must seek consent; if denied, file a noticed motion; in diversity cases, motion must address diversity jurisdiction.

Before moving to substitute a defendant for a Doe defendant, plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant. If denied consent, plaintiff must file a regularly noticed motion. In diversity cases, plaintiff's motion must address whether the addition of the newly named party destroys diversity jurisdiction. See 28 U.S.C. § 1447(c), (e).

CRITICAL

Extended briefing schedule required for class certification motions.

This Court requires an extended briefing schedule for motions for class certification.

CRITICAL

Good faith meet and confer required to resolve issues without motion.

Both parties are required to meet and confer in good faith in an effort to reach a resolution without the need for a motion.

CRITICAL

Court may decline discovery motions without prior consultation.

Both parties are required to meet and confer in good faith in an effort to reach a resolution without the need for a motion. The Court may decline to hear discovery motions made without prior consultation with opposing counsel.

CRITICAL

Briefing schedule: motions 3 weeks, oppositions 2 weeks, replies 1 week before hearing.

For all motions, other than motions in limine, the briefing schedule is as follows: motions shall be filed three (3) weeks prior to the hearing; oppositions or notices of non-opposition shall be filed two (2) weeks prior to the hearing; and replies, if any, shall be filed one (1) week prior to the hearing.

CRITICALCivil cases

Moving party must arrange a meet and confer (in-person or videoconference) no later than 60 calendar days before the MSJ hearing cutoff.

For an MSJ to be timely filed, the moving party must arrange for an in-person meeting or videoconference to take place no later than sixty (60) days before the motion hearing cutoff set forth in the case management order.

CRITICAL

Daubert motions must be noticed for hearing at least 8 weeks before Final Pretrial Conference.

Daubert motions shall be noticed for hearing not later than eight (8) weeks before the Final Pretrial Conference date.

CRITICAL

Pre-filing meet and confer required for all motions, including pro se cases.

The Court strictly enforces L.R. 7-3, which requires counsel to engage in a prefiling conference “to discuss thoroughly . . . the substance of the contemplated motion and any potential resolution.” This requirement applies in all cases, including those with Pro Se Litigants.

CRITICAL

Pending motions from state court must be re-noticed in accordance with Local Rule 7.

Any pending motions must be re-noticed in accordance with L.R. 7.

CRITICALCivil cases

Before filing a motion in limine, counsel must confer in good faith, and the moving party must send a letter with required content at least 5 days before the conference.

Before filing any motion in limine, counsel for the parties shall confer in a good faith effort to eliminate the necessity for the filing of the motion in limine or to eliminate as many of the disputes as possible. At least five days in advance of such a conference, counsel for the moving party must send a letter requesting such conference, and shall identify the testimony, exhibits, or other specific matters alleged to be inadmissible and/or prejudicial, shall state thoroughly with respect to each such matter the moving party’s position (and provide any legal authority which the moving party believes as dispositive), and shall specify the terms of the order to be sought.

CRITICALCivil cases

6.2 Meet and Confer. The Challenging Party shall initiate the dispute

6.2 Meet and Confer. The Challenging Party shall initiate the dispute

CRITICALCivil cases

Counsel must hold telephonic or in-person conferences to resolve discovery disputes; pro forma email exchanges do not satisfy the pre-filing conference requirement.

required telephonic and/or in-person conferences of counsel to resolve discovery disputes. Pro forma or perfunctory email exchanges shall not be considered adequate pre-filing conferences of counsel.

CRITICALCivil cases

required telephonic and/or in-person conferences of counsel to resolve discovery disputes. Pro forma or perfunctory email exchanges shall not be considered adequate pre-filing conferences of counsel.

required telephonic and/or in-person conferences of counsel to resolve discovery disputes. Pro forma or perfunctory email exchanges shall not be considered adequate pre-filing conferences of counsel.

CRITICALCivil cases

Discovery motions filed without compliance or leave will be stricken.

Any discovery motion filed without compliance with Judge Audero’s discovery dispute resolution procedures, or leave of the Court, will be stricken.

CRITICALCivil cases

Discovery motions require compliance with pre-motion telephonic discovery conference procedure.

No party may file a discovery motion until it has complied with Judge Audero’s mandatory procedure regarding a pre-motion telephonic discovery conference, as set forth in Judge Audero’s Requirements, Procedures ¶ 4.

CRITICALCivil cases

Attorneys' fees motions require pre-filing meet and confer in person or by videoconference.

as to all attorneys’ fees motions, before filing such a motion, counsel must meet and confer in person or by videoconference pursuant to Local Rule 7-3 or 37-1 (as applicable) to attempt in good faith to agree on the reasonable amount of fees to be awarded (if the Court decides to award fees), keeping in mind that a contested request for attorneys’ fees “should not result in a second major litigation.”

CRITICALCivil cases

Rule 56 briefing schedule: Motion 12 weeks before hearing, Opposition 4 weeks after Motion, Reply 2 weeks after Opposition.

Any Rule 56 Motion must be filed at least twelve (12) weeks before the noticed hearing date. Any Opposition must be filed (4) weeks after the Motion is filed. Any Reply must be filed two (2) weeks after the Opposition is filed. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties. Any briefing schedule must provide the Court at least two weeks between the reply deadline and the hearing date.

CRITICALCivil cases

Motion notice must include compliance statement for meet-and-confer requirement.

The moving party must include in the signed notice of motion a truthful representation of full compliance with Local Rule 7-3, stating that the parties “thoroughly discussed the substance and potential resolution of the filed motion [by phone/videoconference or in person].”

CRITICALCivil cases

Discovery motions require compliance with mandatory pre-motion telephonic conference procedure before filing.

No party may file a discovery motion until it has complied with Judge Audero's mandatory procedure regarding a pre-motion telephonic discovery conference, as set forth in Judge Audero's Requirements, Procedures ¶ 4. Any discovery motion filed without compliance with Judge Audero's discovery dispute resolution procedures, or leave of the Court, will be stricken.

CRITICALCivil cases

Rule 56 motions require 12-week advance filing, opposition due 4 weeks later, reply due 2 weeks after opposition, with at least 2 weeks before hearing.

This Court requires an extended briefing schedule for motions under Rule 56, as follows: Any Rule 56 Motion must be filed at least twelve (12) weeks before the noticed hearing date. Any Opposition must be filed (4) weeks after the Motion is filed. Any Reply must be filed two (2) weeks after the Opposition is filed. The above briefing schedule is the default. The parties may stipulate to a modified schedule that is reasonable for all parties. Any briefing schedule must provide the Court at least two weeks between the reply deadline and the hearing date.

CRITICALCivil cases

Cross-motions on same issues prohibited; parties must agree on single motion or file joint submission 45 days before deadline.

The Court will not entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the single motion for summary judgment. If the parties cannot reach agreement on this issue, they shall file a joint submission to the Court with their respective proposals. Counsel should file this joint submission no later than forty-five (45) days before the last day to file the motion for summary judgment, as the Court will not extend that date on the ground that this joint submission was not necessitated.

CRITICALCivil cases

Pre-filing conference (meet and confer) required before filing motions to discuss motion substance and potential resolution.

Local Rules 7-3 and 37-1 require counsel to conduct a pre-filing conference to discuss thoroughly the substance of the contemplated motion and any potential resolution.

CRITICALCivil cases

Pre-filing conference required to discuss motion substance and potential resolution.

Local Rules 7-3 and 37-1 require counsel to conduct a pre-filing conference to discuss thoroughly the substance of the contemplated motion and any potential resolution.

CRITICALCivil cases

Must seek consent before substituting defendant for Doe; if denied, file motion addressing diversity jurisdiction.

Before moving to substitute a defendant for a Doe defendant, plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant. If denied consent, plaintiff must file a regularly noticed motion and address whether the addition of the newly named party destroys diversity jurisdiction. See 28 U.S.C. § 1447(c), (e).

CRITICALCivil cases

Meet and confer must be by phone, videoconference, or in person; email insufficient.

Parties must meet and confer either by phone, videoconference, or in person. Email correspondence is insufficient; and motions not supported by a statement that counsel met by phone, videoconference, or in person will be summarily denied.

CRITICALCivil cases

Cross-motions for summary judgment require counsel to meet and confer; if no agreement, file joint submission 45 days before motion deadline.

If parties wish to cross-move for summary judgment, their counsel shall meet and confer to determine which party will move and which will oppose the single motion for summary judgment. If the parties cannot reach agreement on this issue, they shall file a joint submission to the Court with their respective proposals. Counsel should file this joint submission no later than forty-five (45) days before the last day to file the motion for summary judgment, as the Court will not extend that date on the ground that this joint submission was not necessitated.

CRITICAL

Informal discovery conference required before filing discovery motions, unless movant obtains ex parte leave of court.

Pursuant to this Court’s procedures, no discovery motion may be filed until the Court has conducted an informal discovery conference unless the movant has obtained leave of Court sought by an ex parte application.

CRITICAL

Counsel must meet and confer per Local Rule 7-3 before filing motions in limine.

Counsel are to meet and confer as required by Local Rule 7-3 to determine whether opposing counsel intends to introduce the disputed evidence, and to attempt to reach an agreement that would obviate the motion.

CRITICAL

Parties must request leave to file more than four motions in limine.

Each side is limited to four motions in limine unless the Court orders otherwise for good cause shown. A party seeking to file more than four motions in limine must request leave of the Court to do so.

CRITICAL

Parties must meet and confer to prepare the joint exhibit list and stipulate to foundation and admissibility as much as possible.

The parties are to meet and confer sufficiently in advance of the required filing deadline to prepare the joint exhibit list. As part of the meet and confer process, counsel will stipulate so far as is possible as to foundation, waiver of the best evidence rule, and to those exhibits which may be received into evidence at the start of trial.

CRITICAL

Discovery motions require a pre-motion conference before filing unless ex parte leave is obtained.

Pursuant to this Court’s procedures, no discovery motion may be filed until the Court has conducted a pre-motion conference unless the movant has obtained leave of Court sought by an ex parte application.

CRITICALCivil cases

Mandatory pre-filing conference of counsel required for discovery motions, with format based on opposing counsel's county location; written electronic communications cannot substitute for the conference.

opposing “counsel are located in the same county,” the mandatory pre- filing conference of counsel “must take place in person at the office of the moving party’s counsel unless the parties agree to meet someplace else.” But if opposing “counsel are not located in the same county,” the conference must still be done by at least video (e.g., Zoom, Teams). Conference by telephone alone may be done only if videoconference is technologically infeasible (a vanishingly uncommon situation). In no circumstances will exchanges of solely written electronic communications (via email, text, or the like) satisfy the pre-filing conference requirement; they may only supplement—but cannot substitute for—the mandatory in-person, video, or telephonic conference of counsel.1

CRITICALCivil cases

No hearing is required for Application for Leave to File Under Seal, so no hearing date should be set.

Please note the warning message on the next screen: NO HEARING is required for this application, so DO NOT set a hearing date. Click “Next.”

CRITICALCivil cases

Ex parte applications to shorten motion to compel hearing time due to an impending discovery cutoff are prohibited without due diligence and good cause; parties must obtain district judge scheduling order relief before filing such motions if they cannot show diligence and cause.

ex parte applications to shorten time for hearing on a motion to compel because of an impending discovery cutoff deadline ordered by the assigned district judge are not permitted and shall be summarily rejected absent a showing of due diligence and good cause why the disputed motion could not have been raised sufficiently in advance of the discovery cutoff date so as to allow not only decision on the motion but time to complete any discovery ordered on that motion before the cutoff. If no such diligence and cause can be shown, the parties must seek and obtain relief from the district judge’s scheduling order first before filing a motion to compel on the eve of a discovery cutoff.

WARNINGCivil cases

Default briefing schedule is minimum; parties may stipulate to extended schedule with at least 2 weeks between reply and hearing.

The above briefing schedule is the default minimum. The parties may stipulate to an extended schedule. Any briefing schedule must provide at least two weeks between the reply deadline and the hearing date.

WARNINGCivil cases

Court may disregard disputes that are not clearly stated or violate Local Rules or this Order.

The Court may disregard purported disputes that are not clearly stated or that otherwise violate the Local Rules or this Order.

WARNINGCivil cases

Motions to dismiss can often be avoided through meet and confer under Local Rule 7-3.

Motions to dismiss or to strike a pleading, claim, or defense can often be avoided if the parties meet and confer in good faith as required by Local Rule 7-3, especially for perceived defects that could be corrected by amendment.

WARNING

When multiple parties move for summary judgment, they should designate only one moving party for the briefing schedule, and if they cannot agree the defendant(s) are deemed the moving party.

multiple parties are moving for summary judgment, the parties should designate only one party as “the moving party” for purposes of the briefing schedule. The Court expects the parties to work together professionally and agree on which party should be designated the moving party. If the parties are unable to agree, the defendant(s) shall be deemed the moving party.

WARNINGCivil cases

Parties must meet and confer before filing a motion in limine.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

WARNING

In putative class actions, parties should begin discovery immediately and act diligently so the class-certification motion can be filed expeditiously; the Civil Pretrial Schedule and Trial Order provides its hearing deadline.

If this action is a putative class action, the parties are to act diligently and begin discovery immediately, so that the motion for class certification can be filed expeditiously. The Court’s Civil Pretrial Schedule and Trial Order sets forth the deadline to hear a motion for class certification.

WARNING

Ex parte applications are reserved for extraordinary relief and should be used with discretion.

Ex parte applications are solely for extraordinary relief and should be used with discretion.

WARNING

When parties seek summary judgment on different claims or defenses, each should meet and confer and follow the Order’s procedures.

If each party is seeking to move for summary judgment on different claims or defenses, each party should meet and confer and follow the same procedures set forth in this Order.

WARNING

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

WARNINGCivil cases

Parties must meet and confer before filing any motion.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion.

WARNINGCriminal cases

Court may strike excessive, unvetted, or untimely motions in limine without notice.

The Court may strike without further notice excessive, unvetted, or untimely motions in limine.

WARNINGCriminal cases

Motions in limine should address specific issues (e.g., not “to exclude all hearsay”).

Motions in limine should address specific issues (e.g., not “to exclude all hearsay”).

WARNINGCriminal cases

Ex parte applications to allow defendant to travel should be made well in advance of the date of travel. Counsel should indicate whether the probation/pretrial services officer has

Ex parte applications to allow defendant to travel should be made well in advance of the date of travel. Counsel should indicate whether the probation/pretrial services officer has

WARNINGCriminal cases

Ex parte applications are disfavored. The Court is unlikely to grant an ex parte application that recites that the moving party has been unable to obtain the position of the opposing party. Counsel should make serious efforts to obtain the agreement (or at least the position) of opposing counsel before filing an application. Where applicable, counsel should also obtain the position of the probation/pretrial services officer assigned to the defendant.

Ex parte applications are disfavored. The Court is unlikely to grant an ex parte application that recites that the moving party has been unable to obtain the position of the opposing party. Counsel should make serious efforts to obtain the agreement (or at least the position) of opposing counsel before filing an application. Where applicable, counsel should also obtain the position of the probation/pretrial services officer assigned to the defendant.

WARNINGCivil cases

Only one motion for summary judgment per party is permitted.

In general, the Court will hear only one motion for summary judgment per party.

WARNINGCivil cases

Piecemeal motions for partial summary judgment before factual record is complete are not permitted.

the Court will not entertain piecemeal motions for partial summary judgment before the factual record is complete.

WARNINGCivil cases

Parties must meet and confer before filing a motion in limine.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

WARNINGCivil cases

Given the requirements to meet and confer and to give notice, a planned motion to compel must ordinarily be discussed with the opposing party at least six (6) weeks before the cut-off.

Given the requirements to meet and confer and to give notice, a planned motion to compel must ordinarily be discussed with the opposing party at least six (6) weeks before the cut-off.

WARNINGCivil cases

Parties must discuss planned motion to compel with opposing party at least 6 weeks before discovery cut-off.

a planned motion to compel must ordinarily be discussed with the opposing party at least six (6) weeks before the cut-off.

WARNINGCivil cases

Counsel must meet and confer before filing any motion in limine.

Prior to filing any motion in limine, counsel shall first conduct a meaningful meet and confer and make every effort to reach a satisfactory resolution on the motion that negates its filing.

WARNINGCivil cases

Motions to dismiss/strike should be avoided through good faith conference under Local Rule 7-3 when defects can be cured by amendment.

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

WARNING

Must adhere to briefing schedule; late filings may be declined.

The parties must adhere to the briefing schedule set forth herein to afford the Court adequate time to prepare for the hearing; however, the parties may stipulate to an alternate briefing schedule contingent upon approval by the Court. Failure to comply with these deadlines may result in the Court declining to consider the untimely memorandum or other document. Local Civil Rule 7-12.

WARNINGCivil cases

Exception to single motion rule requires leave by noticed motion with detailed showing of good cause.

If a party believes this is one of the rare instances in which good cause exists for more than one motion for summary judgment or to increase page limits, the party shall seek leave by noticed motion setting forth a detailed showing of good cause.

WARNING

Court may decline to hear discovery motions filed without prior consultation with opposing counsel.

The Court may decline to hear discovery motions made without prior consultation with opposing counsel.

WARNING

Ex parte applications only for extraordinary relief; sanctions for misuse.

Counsel are advised that this Court allows ex parte applications solely for extraordinary relief. Sanctions may be imposed for misuse of ex parte applications.

WARNINGCivil cases

Parties must meet and confer to complete the Joint Statement before filing a summary judgment motion.

Prior to filing the motion, the parties shall meet and confer to complete the Joint Statement. Parties should allow sufficient time and plan accordingly in view of the deadline for hearing dispositive motions; the process of preparing the Joint Statement is intensive.

WARNINGCivil cases

Leave of court is required to file more than four motions in limine.

A party seeking to file more than four motions in limine must request leave of court to do so.

WARNING

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

WARNING

Replies in connection with motions in limine will not be accepted.

Replies will not be accepted.

WARNINGCivil cases

Parties should confer in good faith to avoid motions to dismiss when defects can be cured by amendment.

Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially where perceived defects in a complaint, answer, or counterclaim could be corrected by amendment. See Chang v. Chen, 80 F. 3d 1293, 1296 (9th Cir. 1996) (where a motion to dismiss is granted, a district court should provide leave to amend unless it is clear that the complaint could not be saved by any amendment). These principles require that plaintiff’s counsel carefully evaluate defendant’s contentions as to the deficiencies in the complaint. In most instances, the moving party should agree to any amendment that would cure the defect.

WARNINGCivil cases

A planned motion to compel must generally be discussed with opposing counsel (meet and confer) at least six weeks before the discovery cut-off.

Given the requirements to meet and confer and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off.

WARNING

A planned motion to compel must generally be discussed with opposing counsel (meet and confer) at least six weeks before the discovery cut-off.

Given the requirements to “meet and confer” and to give notice, in most cases a planned motion to compel must be discussed with opposing counsel at least six weeks before the cut-off.

WARNINGCriminal cases

Ex parte applications are disfavored. The Court is unlikely to grant an ex parte application reciting that the moving party has been unable to obtain the position of the opposing party. Counsel should make serious efforts to obtain the agreement (or at least the position) of opposing counsel before filing an application.

Ex parte applications are disfavored. The Court is unlikely to grant an ex parte application reciting that the moving party has been unable to obtain the position of the opposing party. Counsel should make serious efforts to obtain the agreement (or at least the position) of opposing counsel before filing an application.

WARNING

Counsel must meet and confer before filing motions in limine to attempt to resolve disputes.

Counsel are to meet and confer with opposing counsel to determine whether opposing counsel intend to introduce the disputed evidence and to attempt to reach an agreement that would obviate the motion.

WARNING

The parties must meet and confer about the time estimates for each witness on the Joint Witness List.

The parties must also meet and confer about time estimates for each witness.

WARNINGCivil cases

Lead trial counsel must meet and confer in person 40 days before the FPTC.

Pursuant to Local Rule 16-2, lead trial counsel for each party are required to meet and confer in person forty (40) days in advance to prepare for the FPTC.

WARNING

Motions may be denied if the moving party fails to meet the meet-and-confer requirement.

The Court may deny motions where the moving party has not complied with this requirement.

WARNINGCivil cases

Unless the Court orders otherwise, it considers only the moving papers and opposition, and replies are neither necessary nor invited.

Unless ordered otherwise, the Court will only consider the moving papers and any opposition thereto; no replies are necessary or invited.

WARNINGCivil cases

A party may not file a reply to an ex parte application unless the Court expressly authorizes it.

No party may file a reply unless expressly authorized by the Court.

WARNINGCivil cases

Ex parte applications are decided on the papers without a hearing unless the Court orders otherwise.

All ex parte applications will be decided on the papers and without a hearing unless the Court orders otherwise.

WARNINGCivil cases

Both parties are responsible for meeting and conferring in good faith on disputed issues.

The Court notes that it is the responsibility of both parties to meet and confer in good faith on any disputed issues.

WARNING

Failure to meet and confer in good faith may result in striking or denial of the motion or other relief, including sanctions.

The court may strike, outright deny a motion, or order other relief, including sanctions, if counsel fails to meet and confer in good faith.

WARNING

A Magistrate Judge will hear all discovery disputes.

All discovery matters have been referred to a Magistrate Judge, who will hear all discovery disputes.

WARNING

Motions must comply with Local Rule 7 and are heard Thursdays at 10:00 a.m.; if Thursday is a court holiday, hearings move to the next Thursday.

Motions shall be filed in accordance with Local Rule 7. This court hears motions on Thursdays, beginning at 10:00 a.m. If Thursday is a court holiday, motions will be heard on the next Thursday.

WARNING

The meet-and-confer discussion must narrow the issues for briefing and resolve minor procedural or other non-substantive matters.

Counsel shall discuss the issues sufficiently such that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the court. Counsel shall resolve minor procedural or other non-substantive matters during the conference.

WARNINGCivil cases

ERISA cases: summary judgment motions require agreed statement of facts; court hears motions on standard of review and administrative record scope.

Absent an agreed upon statement of facts, the court will not hear motions for summary judgment, but will hear motions to determine the standard of review and the scope of the administrative record.

WARNINGCivil cases

Failure to file class certification motion timely may result in sanctions including striking class allegations.

Failure to timely file a Motion for Class Certification may result in the imposition of sanctions, which may include the striking of the class allegations.

WARNING

Parties must meet and confer before filing a motion in limine.

Before filing a motion in limine, the parties must meet and confer to determine whether the opposing party intends to introduce the disputed evidence and attempt to reach an agreement that would obviate the need for the motion.

WARNINGCivil cases

Court may order immediate meet-and-confer for excessive or frivolous jury instruction disputes.

If there are excessive or frivolous disagreements over jury instructions, the Court will order the parties to meet and confer immediately until they substantially narrow their disagreements.

WARNINGCivil cases

If consent to substitute a Doe defendant is denied, plaintiff must file a regularly noticed motion.

If denied consent, plaintiff must file a regularly noticed motion.

WARNINGCivil cases

Cross-motions on the same legal issues are highly disfavored.

The Court disfavors cross-motions that seek to adjudicate the same legal issues.

WARNINGCivil cases

Parties may stipulate to extended briefing schedules but must maintain at least 21 days between reply deadline and hearing date.

Stipulations to Extend Briefing Schedule. The parties may stipulate to a lengthier briefing schedule that is reasonable for all parties. If the parties are filing cross-motions for summary judgment on different claims, the briefing schedule will need to be adjusted to accommodate the cross-motions. Any stipulation to a lengthier briefing schedule must provide the Court at least twenty-one (21) days between the reply deadline and the hearing date and comply with the motion hearing cut-off deadline.

WARNINGCivil cases

When multiple parties move for summary judgment, they must designate one moving party; defendant defaults if no agreement.

If multiple parties are moving for summary judgment, the parties should designate only one party as “the moving party” for purposes of the briefing schedule. The Court expects the parties to work together professionally and agree on which party should be designated the moving party. If the parties are unable to agree, the defendant(s) shall be deemed the moving party.

WARNINGCivil cases

Plaintiff must seek consent of all defendants' counsel before moving to substitute a Doe defendant.

Before moving to substitute a defendant for a Doe defendant, plaintiff must seek the consent of counsel for all defendants, including counsel for a represented Doe defendant.

WARNINGCivil cases

Non-compliance with meet and confer may result in sanctions including striking or denying the motion, deeming it unopposed, or monetary sanctions.

If an opposing party refuses to participate in good faith, the moving party shall explain the refusal in detail. Failure by any party to comply in good faith with the “meet and confer” requirement may result in an order to show cause re: sanctions—including, as appropriate, striking or denying the motion, deeming the motion unopposed, and/or awarding monetary sanctions.

WARNINGCivil cases

Motions to dismiss/strike can often be avoided through good-faith meet-and-confer under Local Rule 7-3.

a. Motions Pursuant to Rule 12. Most motions to dismiss or strike, especially motions raising alleged defects in a complaint, answer, or counterclaim that could be corrected by amendment, can be avoided if the parties confer in good faith as required by Local Rule 7-3.

WARNING

Email correspondence alone does not satisfy the Local Rule 7-3 meet and confer requirement.

The parties are further advised that email correspondence alone is insufficient to satisfy this requirement.

WARNING

Pending motions from state court must be re-noticed per Local Rule 6-1.

Any pending motions must be re-noticed in accordance with Local Rule 6-1.

WARNINGCivil cases

Failure to meet and confer in good faith may result in motion being struck or denied.

The Court may strike or deny a motion or other relief if counsel fails to meet and confer in good faith.

WARNING

Each party may file no more than five motions in limine unless the Court grants leave for additional motions.

The parties are limited to five (5) motions each unless the Court grants leave to file additional motions.

WARNINGCivil cases

Parties should confer in good faith to avoid motions to dismiss and consider amendments before filing.

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment. See Polich v. Burlington Northern, Inc., 942 F.2d 1467, 1472 (9th Cir. 1991) (noting that where a motion to dismiss is granted, a district court should grant leave to amend unless it is clear the complaint cannot be saved by amendment). Moreover, a party has the right to amend the complaint “once as a matter of course at any time before a responsive pleading is served.” Fed. R. Civ. P. 15(a). Even after a complaint has been amended or a responsive pleading has been served, the Federal Rules of Civil Procedure provide that leave to amend should be “freely given when justice so requires.” Fed. R. Civ. P.

WARNING

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

WARNING

The parties must make every effort to agree on jury instructions before submitting proposals to the Court.

The parties must make every effort to agree upon jury instructions before submitting proposals to the Court.

WARNING

Cross-motions for summary judgment on the same issues are disfavored; counsel must meet and confer and the parties must file a stipulation explaining why cross-motions are beneficial before cross-moving.

The Court does not generally entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, counsel must meet and confer to discuss the substance of the anticipated motions and which party will move and which will oppose the single motion for summary judgment. To cross-move for summary judgment, the parties must file a stipulation explaining why cross motions are beneficial and expeditious.

WARNING

Cross-motions for summary judgment on same issues are disfavored; parties must meet and confer and file stipulation explaining benefits.

The Court does not generally entertain cross-motions that seek to adjudicate the same legal issues. If parties wish to cross-move for summary judgment, counsel must meet and confer to discuss the substance of the anticipated motions and which party will move and which will oppose the single motion for summary judgment. To cross-move for summary judgment, the parties must file a stipulation explaining why cross motions are beneficial and expeditious.

WARNING

In putative class actions, parties must begin discovery immediately and expect an extended briefing schedule for class certification motions.

If this action is a putative class action, the parties are to act diligently and begin discovery immediately, so that the motion for class certification can be filed expeditiously. This Court requires an extended briefing schedule for motions for class certification.

WARNING

The Court will hear motions to determine the standard of review, whether discovery will be permitted, and the scope of the administrative record. Counsel are discouraged from filing motions for summary judgment or partial summary judgment on any other issue.

The Court will hear motions to determine the standard of review, whether discovery will be permitted, and the scope of the administrative record. Counsel are discouraged from filing motions for summary judgment or partial summary judgment on any other issue.

WARNING

Motions in limine must be noticed for hearing on the Final Pretrial Conference Date.

Motions in limine shall be noticed for hearing on the Final Pretrial Conference Date.

WARNING

Unopposed ex parte applications may be denied; denial doesn't excuse deadlines.

The parties should not assume that an unopposed ex parte application will be granted; and a last-minute application (or stipulation) that is denied will not serve to relieve a party of an underlying obligation (e.g., a soon-to-expire deadline).

WARNING

Parties must follow briefing schedule unless Court approves alternate schedule.

The parties must adhere to the briefing schedule set forth herein to afford the Court adequate time to prepare for the hearing; however, the parties may stipulate to an alternate briefing schedule contingent upon approval by the Court.

WARNING

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by L.R. 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

Many motions to dismiss or strike can be avoided if the parties confer in good faith as required by L.R. 7-3, especially for perceived defects in a complaint, answer, or counterclaim that can be corrected by amendment.

WARNING

Before moving to substitute a Doe defendant, plaintiff must seek consent of all defendants' counsel.

Before moving to substitute a defendant for a Doe defendant, plaintiff must seek the consent of counsel for all defendants, including counsel for a

WARNINGCivil cases

Parties must meet and confer before filing non-discovery motions.

The parties are required under Local Rule 7-3 to meet and confer to attempt to resolve disputes before filing a motion.

WARNINGCivil cases

Parties must meet and confer before filing discovery motions.

The parties are expected to meet and confer to attempt to resolve discovery disputes before filing a discovery motion and must use their best effort to resolve all discovery disputes in a courteous, reasonable, and professional manner.

WARNING

The Court will hear motions to determine the standard of review, whether discovery will be permitted, and the scope of the administrative record. Counsel are discouraged from filing motions for summary judgment or partial summary judgment on any other issue.

The Court will hear motions to determine the standard of review, whether discovery will be permitted, and the scope of the administrative record. Counsel are discouraged from filing motions for summary judgment or partial summary judgment on any other issue.

WARNINGCivil cases

Good faith meet-and-confer under Local Rule 7-3 can avoid many motions to dismiss or strike.

Most motions to dismiss or strike can be avoided if the parties confer in good faith as required by Local Rule 7-3, especially motions for alleged defects in a complaint, answer, or counterclaim that could be corrected by amendment.

WARNINGCivil cases

Summary judgment motions may be filed before motion cut-off date and must be heard before Final Pretrial Conference.

Parties need not wait until the motion cut-off date to bring motions for summary judgment or partial summary judgment. The hearing on any such motion shall be set for a date in advance of the Final Pretrial Conference.

INFOCivil cases

Court will deem facts admitted according to Local Rule 56-4.

The Court will deem facts admitted in accordance with Local Rule 56-4.

INFOCivil cases

Opposing party may dispute all or part of factual statements but should not dispute immaterial portions.

The opposing party may dispute all or only a portion of a factual statement. No party should purport to dispute immaterial portions of factual statements.

INFOCivil cases

Default briefing schedule is minimum; parties may stipulate to extended schedule with at least 2 weeks between reply and hearing.

The above briefing schedule is the default minimum. The parties may stipulate to an extended schedule. Any briefing schedule must provide at least two weeks between the reply deadline and the hearing date.

INFOCivil cases

Refer to Standing Order for motion requirements

The parties should refer to the Court’s Standing Order for requirements regarding specific motions, discovery, certain types of filings, courtesy copies, emailing signature items to Chambers, and other matters pertaining to all cases.

INFO

A nonmoving party who in good faith believes the undisputed facts entitle it to summary judgment on the same issue should request that relief in its response to the moving party’s argument.

If a non- moving party has a good faith belief that the undisputed material facts relied on by the moving party actually demonstrate that the opposing party is entitled to summary judgment on the same legal issue, the non-moving party should set forth its argument in its response to the moving party’s argument and request summary judgment.

INFO

Ex parte applications are ordinarily considered on the papers without a hearing; the parties will be notified if a hearing is necessary.

The Court considers ex parte applications on the papers and does not usually set these matters for a hearing. If a hearing is necessary, the parties will be notified.

INFOCivil cases

Hearings on ex parte applications only if deemed necessary by the Court.

No hearing will be held on any ex parte application unless deemed necessary by the Court and in such case counsel will be notified by the Courtroom Deputy Clerk.

INFO

Ex parte applications are disfavored, limited to extraordinary relief, and usually decided on the papers without a hearing.

Ex parte applications are disfavored. The Court considers ex parte applications on the papers and does not usually set these matters for hearing. If a hearing is necessary, the parties will be notified. Ex parte applications are solely for extraordinary relief and should be used with discretion. Sanctions may be imposed for misuse of ex parte applications. See Mission Power Eng’g Co. v. Cont’l Cas. Co., 883 F. Supp. 488 (C.D. Cal. 1995).

INFOCivil cases

Exemptions from LR 7-3 pre-filing conference: pro se cases, LR 16-12 exempt cases, discovery motions, TRO/injunction motions, cost retax motions.

The following are exempted from Local Rule 7-3 and the pre-filing requirements to meet and confer set forth in this subsection III.B: (1) cases where at least one party is appearing pro se; (2) cases listed as exempt in Local Rule 16-12, (3) discovery motions governed by Local Rules 37-1 through 37-4, (4) applications under Fed. R. Civ. P. 65 for temporary restraining orders or preliminary injunctions, and (5) motions to retax costs under Local Rule 54-2.5.

INFO

Parties may agree to an alternate briefing schedule only with prior court approval.

the parties may stipulate to an alternate briefing schedule contingent upon approval by the Court.

INFO

Exemptions from pre-filing meet and confer: pro se cases, Local Rule 16-12 exempt cases, discovery motions, TRO/injunction applications, cost retax motions.

The following are exempted from Local Rule 7-3 and the pre-filing requirements to meet and confer set forth in this subsection III.B: (1) cases where at least one party is appearing pro se; (2) cases listed as exempt in Local Rule 16-12, (3) discovery motions governed by Local Rules 37-1 through 37-4, (4) applications under Fed. R. Civ. P. 65 for temporary restraining orders or preliminary injunctions, and (5) motions to retax costs under Local Rule 54-2.5.

INFOCivil cases

Cross motions for summary judgment are heard on the same day after discovery closes.

Cross motions for summary judgment will all be heard on the same day, after the close of discovery.

INFOCivil cases

Ex parte applications are decided on papers without hearing.

The court considers ex parte applications on the papers. Accordingly, counsel need not set ex parte applications for a hearing date.

INFO

Ex parte applications are decided on submitted papers; no hearing date is required.

The court considers ex parte applications on the papers. Accordingly, counsel need not set ex parte applications for a hearing date.

INFOCivil cases

Court meets with counsel to settle instructions before closing argument.

During the trial, and before closing argument, the Court will meet with counsel to settle the instructions, and counsel will have an opportunity to make a further record concerning their objections.

INFOCivil cases

Motions to dismiss can often be avoided through good faith conference; leave to amend should be granted unless complaint cannot be saved.

Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially for pleading deficiencies that could be corrected by amendment. See Chang v. Chen, 80 F.3d 1293, 1296 (9th Cir. 1996) (where a motion to dismiss is granted, a district court should provide leave to amend unless it is clear that the complaint could not be saved by any amendment). Moreover, a party has the right to amend the complaint “once as a matter of course” within 21 days after service of the answer or Rule 12(b) motion. Fed. R. Civ. P. 15(a)(1)(A)-(B).

INFOCivil cases

Court meets with counsel to settle instructions before closing argument.

During the trial, and before closing argument, the Court will meet with counsel to settle the instructions, and counsel will have an opportunity to make a further record concerning their objections.

INFOCivil cases

Summary judgment motions can be filed before motion cutoff date; hearing must be before Final Pretrial Conference.

Parties need not wait until the motion cutoff date to bring motions for summary judgment or partial summary judgment. The hearing on any such motion shall be set for a date in advance of the Final Pretrial Conference.

INFOCivil cases

Motions in limine will be heard on the scheduled pretrial date unless otherwise ordered.

All motions in limine will be heard on the scheduled pretrial date, unless the Court otherwise orders.

INFOCivil cases

All in limine motions heard on scheduled pretrial date.

All motions in limine will be heard on the scheduled pretrial date, unless the Court otherwise orders.

INFO

Ex parte applications are decided on papers without hearing.

Ex parte applications are considered on the papers and are not usually set for hearing.

INFOCivil cases

If Pretrial Conference is waived, counsel must follow Local Rule 16-11.

In rare cases where the Pretrial Conference is waived by the Court, counsel must follow Local Rule 16-11.

INFO

Motions noticed for a holiday are automatically reset to the next Monday.

Any motion noticed for a holiday shall automatically be set to the next Monday without further notice to the parties.

INFO

Motions are heard on Mondays at 9:00 a.m.

Motions will be heard on Mondays commencing at 9:00 a.m.

INFOCivil cases

Motions with hearing <35 days follow Local Rules 6-1 and 7 for briefing.

Any motion that is filed and set for a hearing to be held fewer than 35 days from the date of the filing of the motion shall be briefed pursuant to Local Rule 6-1 and Local Rule 7.

INFOCivil cases

Parties may stipulate to briefing schedule for hearings >70 days out if reply filed 5 weeks before hearing; stipulation due within 7 days with specific caption.

The Court will permit the parties to stipulate, without a court order, to a briefing schedule for any motion that is set for a hearing to be held more than 70 days from the date it was filed so long as the reply is filed no later than five (5) weeks prior to the hearing date. A stipulation regarding the agreed-upon briefing schedule shall be filed with the Court within seven (7) calendar days from the date the motion is filed. The stipulation shall include in the caption “STIPULATED PER STANDING ORDER.”

INFOCivil cases

Scheduling conference will be held pursuant to Fed. R. Civ. P. 16 and 26(a).

The Court is prepared to issue a scheduling order in this matter. If a hearing is necessary, the scheduling conference will be held on the date listed in the caption. The conference will be held pursuant to Fed. R. Civ. P. 16 and Fed. R. Civ. P. 26(a).

INFOCivil cases

Good faith conferences under Local Rule 7-3 can avoid motions to dismiss/strike.

Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially for pleading deficiencies that could be corrected by amendment.

INFO

Parties may stipulate to a different briefing schedule if at least two weeks elapse between reply filing and hearing date.

The parties may stipulate to a different briefing schedule, so long as the schedule provides at least two weeks between the filing of the reply and the hearing date.

INFOCivil cases

Good faith conferences under Local Rule 7-3 can avoid many motions to dismiss or strike.

Many motions to dismiss or to strike can be avoided if the parties confer in good faith (as required by Local Rule 7-3), especially where perceived defects in a complaint, answer, or

INFOCivil cases

Daubert motions in limine are generally heard at the Final Pretrial Conference unless Daubert issues are better resolved with summary judgment motion practice.

The Court generally considers Daubert motions in limine at the Final Pretrial Conference unless resolution of Daubert issues is appropriate in connection with summary judgment motion practice.

INFO

The Court will rule on motions in limine at the final pretrial conference.

The Court will rule on motions in limine at the final pretrial conference.

INFO

Motions in limine will be ruled on at final pretrial conference.

the motion.The Court will rule on motions in limine at the final pretrial conference.

INFOCivil cases

Pre-filing conference should resolve issues to focus briefing on substantive matters.

Counsel should discuss the issues to a sufficient degree that if a motion is still necessary, the briefing may be directed to those substantive issues requiring resolution by the Court.

INFOCivil cases

Claim Construction Hearing will be held two weeks after submission of the reply brief, subject to court calendar and necessity.

Subject to the convenience of the Court’s calendar, two weeks following submission of the reply brief specified in S.P.R 4-5(c), the Court shall conduct a Claim Construction Hearing, to the extent the parties or the Court believe a hearing is necessary for construction of the claims at issue.

INFOCivil cases

Minor procedural matters should be resolved during pre-filing conference.

Counsel should resolve minor procedural or other non-substantive matters during the conference.

INFO

Motions in limine are heard and ruled on at the FPTC, and the Court may rule orally instead of in writing.

Motions in limine will be heard and ruled on at the FPTC. The Court may rule orally instead of in writing.

INFO

Ex parte applications are restricted to extraordinary relief and are generally disfavored.

Counsel are reminded that ex parte applications are solely for extraordinary relief and generally disfavored.

INFO

Counsel must review the assigned magistrate judge’s procedures and schedules to schedule discovery matters.

Counsel are directed to review the magistrate judge’s procedures and schedules on the District’s website to schedule discovery matters for hearing.

INFO

All discovery motions are assigned to the case's assigned magistrate judge.

Discovery motions are handled by the magistrate judge assigned to the case.

INFO

Parties must check the court’s webpage for additional motion requirements.

The parties shall consult the Court’s webpage for additional motions requirements.

INFOCriminal cases

Counsel seeking to hear a motion earlier than the Pretrial Conference should meet and confer to agree on an earlier briefing schedule.

If counsel believe that a motion should be heard earlier than the Pretrial Conference, they should meet and confer and agree upon an earlier briefing schedule.

INFOCriminal cases

Counsel should obtain opposing counsel's agreement or position before filing ex parte applications, which are disfavored.

Ex parte applications are disfavored. Counsel should obtain the agreement (or at least the position) of opposing counsel before filing such an application.

INFOCivil cases

Pre-motion conference may be by video/phone if counsel are in different counties in Central District.

The conference may take place by video conference call of telephone only if both counsel are not located in the same county in the Central District.

INFOCivil cases

Motions for class certification must follow Local Rule 23-3 unless otherwise ordered.

This does not apply to motions for class certification, which must be filed in accordance with Local Rule 23-3 unless the Court expressly orders otherwise.

INFOCivil cases

Motions in limine hearing scheduled 1 week and 1 day before trial.

Hearing on Motions in Limine at 1:30 p.m. 1 week and 1 day before trial

INFOCivil cases

Pretrial conference scheduled 3 weeks and 1 day before trial.

Pretrial Conference at 1:30 p.m. 3 weeks and 1 day before trial

INFO

Ex parte applications are decided on papers; court sets hearings if needed, counsel should not schedule hearings.

The Court considers ex parte applications on the papers and will set the matter for hearing if necessary. Counsel should not set ex parte applications for hearing.

INFOCivil cases

Cross-motions on the same legal issues are highly disfavored; non-moving parties should include arguments in response instead of filing cross-motions.

The Court disfavors cross-motions that seek to adjudicate the same legal issues. If a non-moving party has a good faith belief that the undisputed material facts relied on by the moving party demonstrate that the opposing party is entitled to summary judgment on the same legal issue, the non-moving party should set forth its argument in its response to

INFO

Motions in limine are heard at the final pretrial conference; court may rule orally.

Motions in limine will generally be heard and ruled upon at the FPTC. The Court may rule orally instead of in writing.

INFOCivil cases

Court will meet with parties to settle instructions before closing argument, allowing oral objections.

During the trial and before closing argument, the Court will meet with the parties to settle the instructions. At that time, the parties will have an opportunity to make an oral record concerning their objections.

INFO

Replies to motions in limine are not required.

The Court will permit oral argument on motions in limine; therefore, a reply is not required.

INFO

Civil motions are heard Wednesdays at 1:30 PM; parties need not clear hearing dates with CRD before filing.

Judge Murillo hears civil motions on Wednesday beginning at 1:30 p.m. It is not necessary to clear a hearing date with the CRD before filing a motion.

INFOCivil cases

Civil motions are heard on Wednesdays at 1:30 p.m.; no need to clear a hearing date with the CRD before filing.

Judge Garnett hears civil motions on Wednesdays beginning at 1:30 p.m. It is not necessary to clear a hearing date with the CRD before filing a motion.

INFOCivil cases

Parties may modify pre-filing deadlines by agreement without court leave if all parties agree and MSJ is timely filed.

The parties may agree to modify the pre-filing deadlines in the briefing schedule without leave of Court only if (1) all parties agree to the modifications and (2) the MSJ is timely filed under the case management order.

INFOCivil cases

Court may rule orally on motions in limine instead of in writing.

The Court may rule orally on motions in limine, instead of in writing.

INFO